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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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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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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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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"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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1630.4(b)
(b) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
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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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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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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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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...
- Cornell University Employment And Disability Institute
- Employment Today - Chapter 7 - Undue Hardship
- Employment Today - Chapter 8 - Successful Outcomes
- FindLaw - ADA: Disabilities & Your Rights as an Employee
- Milt Wright & Associates, Inc.


