Cal. 1995) (when employee could no longer perform job because of disability, she was entitled to reassignment to a vacant position, not simply an opportunity to "compete"); cf. Aka v....
Search Results "Job Reassignment"
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29. Does reassignment mean that the employee is permitted to compete for a vacant position?
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31. Must an employer provide a reassignment if it would violate a seniority system?
Generally, it will be "unreasonable" to reassign an employee with a disability if doing so would violate the rules of a seniority system.(92) This is true both for collectively bargained...
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Reassignment
Reassignment In some situations, the requested reasonable accommodation will be reassignment to a new job because the disability prevents the employee from performing one or more essential...
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27. Is an employer's obligation to offer reassignment to a vacant position limited to those vacancies within an employee's office, . . . or geographical area?
Is an employer's obligation to offer reassignment to a vacant position limited to those vacancies within an employee's office, branch, agency, department, facility, personnel system (if...
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5. Reassignment to a Vacant Position
Reassignment to a Vacant Position In general, the accommodation of reassignment should be considered only when an accommodation is not possible in an employee's present job, or when an...
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30. If an employee is reassigned to a lower level position, must an employer maintain his/her salary from the higher level position?
No, unless the employer transfers employees without disabilities to lower level positions and maintains their original salaries.(91) 91. 29 C.F.R. pt. 1630 app. § 1630.2(o)...
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Reassignment
An employee is "qualified" for a position if s/he: (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and (2) can perform the essential...
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Changing Essential Job Functions
Changing Essential Job Functions The ADA does not limit an employer's ability to establish or change the content, nature, or functions of a job....
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26. Must an employer offer reassignment as a reasonable accommodation if it does not allow any of its employees to transfer from one position to another?
The ADA requires employers to provide reasonable accommodations to individuals with disabilities, including reassignment, even though they are not available to others....
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18. Does an employer have to hold open an employee's job as a reasonable accommodation?
leave period without incurring undue hardship, the employer must consider whether it has a vacant, equivalent position for which the employee is qualified and to which the employee can be reassigned...
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2.3(b) Job Analysis and the "Essential Functions" of a Job
2.3(b) Job Analysis and the "Essential Functions" of a Job The ADA does not require that an employer conduct a job analysis or any particular form of job analysis to identify the essential...
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"Light Duty" Jobs
In most cases however, "light duty" positions involve a totally different job from the job that a worker performed before the injury....
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18. Q: May a police department create a light duty job category reserved only for incumbent officers without offering identical positions to job applicants?
A police department may create a specific class of light duty jobs that are limited to incumbent police officers....
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25. Is a probationary employee entitled to reassignment?
Employers cannot deny a reassignment to an employee solely because s/he is designated as "probationary."...
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3.5 Some Examples of Reasonable Accommodation
marginal job functions; altering when or how an essential job function is performed; part-time or modified work schedules; obtaining or modifying equipment or devices...
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6. What if there's no way I can do my regular job, even with an accommodation?
If you can't perform all the essential functions of your job to normal standards and have no paid leave available, you still may be entitled to unpaid leave as a reasonable accommodation...
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§1630.4(a)(1)(iv)
(iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;...
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2. What Is a Reasonable Accommodation?
A reasonable accommodation is a change in the way things are normally done at work that enables an individual to do a job, apply for a job, or enjoy equal access to a job's benefits and...
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Return to Work and Reasonable Accommodation (Including Reassignment)
Return to Work and Reasonable Accommodation (Including Reassignment) Employees on leave for a disability may request reasonable accommodation in order to return to work....
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3.4 Some Basic Principles of Reasonable Accommodation
For example: Reassignment is one type of accommodation that may be required under the ADA....
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17. Q: Do I have to create another job for an employee who, because of disability, can no longer perform the essential functions of her job even with reasonable accommodation?
The ADA does not require an employer to create jobs for people with disabilities....
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1630.4(d)
(d) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;...
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What Employment Practices are Covered?
The ADA makes it unlawful to discriminate in all employment practices such as: recruitment firing hiring training job assignments...
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19. Q: If an officer wants to stay in a street job and his supervisor wants him to go on light duty because of a disability, can the supervisor force him to accept a light duty position?
If the employee can still perform the essential functions of the "street job" with or without reasonable accommodation, and without being a direct threat to health or safety, he or she cannot...