Mark A. Spognardi quoted in Inside Counsel on 7th Circuit reversal of its own precedent on ADA requirement for reassignment of disabled employees

Arnstein & Lehr Attorney Mark A. Spognardi

Mark Spognardi

Arnstein & Lehr Chicago Partner Mark A. Spognardi was quoted in a November 28 article in Inside Counsel, titled “ADA requires reassignment as a reasonable accommodation for disabled employees.” The article discusses the 7th Circuit’s reversal of its own precedent on reassignment as a reasonable accommodation under the Americans with Disabilities Act (ADA) in its Sept. 7 ruling in Equal Employment Opportunity Commission (EEOC) v. United Airlines Inc. It found that the ADA requires that employers reassign an employee to a vacant position within the company for which she/he is qualified if the employee is no longer able to perform the job functions due to a disability, unless such an accommodation would prove an “undue hardship” to the employer. Mr. Spognardi comments that the employer has the burden to show that this reassignment constitutes an unreasonable accommodation or constitutes an undue hardship, and the court expects employers to engage in an interactive, good-faith process to explore what can be done to accommodate the person.

To read the article in full, please click here.

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