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.