ADA Frequently Asked Questions
Category: Title I: Employment
Question: #21
Does an employer have to reassign to a vacant position an employee who can no longer perform his/her job because of a disability?
Answer:
Yes, unless the employer can show that it would be an undue hardship. The following criteria apply to reassignment:An employee must be "qualified" for the new position. This means that s/he:
An employer does not have to bump other employees or create a position.
Nor does an employer have to promote the employee.
Reassignment should be to a position that is equal in pay and status to the position that the employee held, or to one that is as close as possible in terms of pay and status if an equivalent position is not vacant.
- satisfies the skill, experience, education, and other job-related requirements of the position, and
- can perform the primary job tasks of the new position, with or without reasonable accommodation.
An employer does not have to bump other employees or create a position.
Nor does an employer have to promote the employee.
Reassignment should be to a position that is equal in pay and status to the position that the employee held, or to one that is as close as possible in terms of pay and status if an equivalent position is not vacant.
