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

Arnstein & Lehr Chicago Partner Mark Spognardi and Milwaukee Associate Jesse Dill recently published an article entitled “7th Circuit takes another look at reassignment as a reasonable accommodation under the ADA.” The article discusses the 7th Circuit opinion, EEOC v. United Airlines, Inc., which 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).

Mr. Spognardi and Mr. Dill state that under the previous analysis, 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. The 7th Circuit changed course when asked to look again at this rule by the EEOC in light of the Supreme Court’s opinion in U.S. Airways, Inc. v. Barnett.

Mr. Spognardi and Mr. Dill further explain that the opinion reminds employers to evaluate their policies and practices to ensure compliance with disability discrimination law. In the article, they provide several ways to do that.

To read the article in full and learn further about the 7th Circuit opinion and its possible effects to employees and employers, please click here.

The article appeared in the October 1 issue of Inside Counsel.

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