Labor: 7th Circuit takes another look at reassignment as a reasonable accommodation under the ADA

Opinion reminds employers to evaluate their policies and practices to ensure compliance with disability discrimination law

Reasonable accommodation. Those are words that can keep employers up at night. Often, it’s not clear what is a mandatory reasonable accommodation for an employee with a disability or what is an accommodation that imposes an undue hardship on the employer.

A recent 7th Circuit opinion, EEOC v. United Airlines, Inc., re-examined whether transferring an employee with a disability to a vacant position is a required reasonable accommodation under the Americans with Disabilities Act (ADA). Under the 7th Circuit’s old analysis of EEOC v. Humiston-Keeling, the court held an employer is not required to reassign an employee to a vacant position when they are no longer qualified for their previous position due to a disability.

Contributing Author

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Mark Spognardi

Mark Spognardi is a partner at Arnstein & Lehr. He focuses on representing management in traditional and non-traditional labor and employment law matters, including counseling,...

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Contributing Author

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Jesse Dill

Jesse R. Dill is an associate in the Milwaukee office of Arnstein & Lehr. He is a member of the firm’s Labor & Employment Practice Group....

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