Reassignment as ADA acommodation
bbuckwalter
10 Posts
Under the ADA, reassignment to a vacant position is generally a reasonable accomodation. Has anyone ever dealt with a situation where a reassignment to a vacant position was requested, but right after the request was made, the vacant position was filled with someone else, and now there is no vacant position available? Assume that filling the vacancy with someone else was an innocent mistake.
My understanding is that if there is a vacant position available at the time there is a request made, the employee is supposed to get the job, assuming she/he is qualified, even if it takes some time to evaluate the request. What are the employer's obligations in this scenario?
My understanding is that if there is a vacant position available at the time there is a request made, the employee is supposed to get the job, assuming she/he is qualified, even if it takes some time to evaluate the request. What are the employer's obligations in this scenario?
