Seventh Circuit Holds That ADA [Americans with Disabilities Act] Mandates Reassignment of Disabled Employees to Vacant Positions Unless Employer Can Prove Undue Hardship [USA]
Author: ARENT FOX LLP [USA], Published on: 12 September 2012
In a recent decision under the Americans with Disabilities Act (ADA), the US Court of Appeals for the Seventh Circuit reversed a prior holding and held that the ADA mandates transfer of disabled workers to vacant positions for which they are qualified, absent undue hardship to the employer. EEOC v. United Airlines Inc., No. 11-1774, 2012 WL 3871503 (7th Cir. Sept. 7, 2012)...[The judges held that] the ADA will sometimes require mandatory reassignment of disabled employees to vacant positions and that it is a question of fact that cannot be decided on a motion to dismiss.