Reassignment
Moving an employee to a vacant position as an accommodation when they cannot perform their current job.
Reassignment to a vacant position is an accommodation of last resort when an employee can no longer perform the essential functions of their current position, even with accommodation.
Key principles: - Reassignment is required only if no accommodation enables the employee to stay in their current job - The new position must be vacant (employers don't have to create new positions or bump other employees) - The employee must be qualified for the new position - The new position should be equivalent in pay and status if possible - If no equivalent position exists, a lower-level position may be offered
What employers must do: - Consider reassignment as an accommodation option - Identify vacant positions the employee could fill - Not require the employee to compete for the position in most cases
What employers don't have to do: - Create a new position - Bump another employee - Promote the employee to a higher position
Courts disagree on whether reassignment requires giving the employee the position or just letting them compete. Check your circuit's interpretation.
ernesty provides general information and tools to help you understand and organize your situation. It is not legal advice, and it is not a substitute for advice from a licensed attorney about your specific circumstances.