"We Have Another Position Available": Understanding Reassignment

Sometimes employers respond to accommodation requests by offering reassignment to a different position. Reassignment is a legitimate form of accommodation under the ADA; but only as a last resort after other accommodations have been considered. Understanding when reassignment is appropriate and what your rights are helps you evaluate this option.

What the Law Says About Reassignment

Under the ADA, reassignment to a vacant position is a form of reasonable accommodation. However, it has a specific place in the accommodation hierarchy:

**Reassignment is a last resort.**Employers should first try to accommodate you in your current position. Only if no effective accommodation exists for your current role should reassignment be considered.

**The position must be vacant.**Employers don't have to create new positions or bump other employees to make room for you.

**You must be qualified.**You must meet the qualifications for the new position with or without reasonable accommodation.

**It should be equivalent if possible.**Employers should look for positions at an equivalent level before considering positions at a lower level.

When Reassignment Is Appropriate

Reassignment may be appropriate when:

No effective accommodation exists for your current position

All accommodations for your current role would cause undue hardship

Your disability prevents you from performing essential functions even with accommodation

A vacant position exists that you're qualified for and can perform

The key is that your employer must genuinely explore accommodations for your current position first. Jumping straight to reassignment without this exploration isn't appropriate.

When Reassignment Is NOT Appropriate

Be cautious if reassignment is offered when:

**Accommodations for your current role haven't been explored.**If your employer jumps to reassignment without considering how to keep you in your current position, that's a red flag.

**The new position is significantly lower level.**While equivalent positions aren't always available, reassignment shouldn't be used to demote you when better options exist.

**It seems like a way to sideline you.**Reassignment to a dead-end position with no growth potential may be discriminatory if your current role could be accommodated.

**You haven't requested reassignment.**If you want to stay in your current role and believe accommodation is possible, you shouldn't be forced into reassignment.

Your Rights Regarding Reassignment

**You can request reassignment.**If you'd prefer a different position, you can ask for reassignment as your accommodation.

**You can push back on premature reassignment.**If your employer offers reassignment before adequately exploring accommodations for your current role, you can insist on that exploration.

**You should be considered for equivalent positions.**Your employer should look at positions at your current level before considering lower-level roles.

**You should receive the position if qualified.**Most courts have held that reassignment means you get the position; you don't have to compete for it.

Questions to Ask About Reassignment

If your employer offers reassignment, ask:

**What accommodations were considered for my current position?**Ensure alternatives were genuinely explored.

**Why can't I be accommodated in my current role?**Get specific reasons.

**What positions are available?**Ask about all vacant positions you might qualify for.

**Are there equivalent-level positions?**You shouldn't be demoted if equivalent options exist.

**What are the duties, pay, and benefits of the new position?**Understand what you'd be accepting.

**Will I need accommodations in the new role?**Make sure the new position doesn't just recreate the same barriers.

How to Respond to a Reassignment Offer

If You'd Prefer to Stay in Your Current Role

'I appreciate you exploring options, but I'd prefer to stay in my current position if possible. Can we discuss what accommodations might enable me to continue in this role? I don't believe we've exhausted the possibilities yet.'

If You're Open to Reassignment

'I'm open to considering reassignment. Can you tell me more about the available positions, including the duties, pay, benefits, and growth opportunities? I'd also like to understand whether I might need accommodations in the new role.'

If the Offered Position Is Lower Level

'I notice the offered position is at a lower level than my current role. Are there any vacant positions at an equivalent level that I might be qualified for? The ADA suggests employers should consider equivalent positions before lower-level ones.'

Protecting Yourself

If you accept reassignment:

Get the terms in writing (position, pay, benefits, start date)

Document that this is an accommodation, not a disciplinary action

Clarify any accommodations you'll need in the new role

Understand the reporting structure and performance expectations

If you decline reassignment:

Document your reasons and your request to remain in your current position

Propose alternative accommodations for your current role

Be aware that if reassignment was offered as a last resort and you decline, your employer may argue they fulfilled their obligation

What This Means for You

Reassignment is a legitimate accommodation option; but only after other accommodations have been considered. If your employer offers reassignment, make sure they've genuinely explored keeping you in your current role first.

If reassignment is the right choice for your situation, ensure you're being offered appropriate positions and that the terms are clear. If you'd prefer to stay where you are, advocate for accommodations in your current role before accepting a transfer.

Next Steps

Learn more about accommodation options:

What Kinds of Workplace Accommodations Are Available?: Explore alternatives to reassignment

"We Can Offer an Alternative": How to Evaluate Employer Alternatives: Evaluate your options

Can My Employer Deny My Accommodation Request?: Understand when denial is legitimate

What Is the Interactive Process for ADA Accommodations?: Know the dialogue should involve you

• Disclaimer: This article provides general information about reassignment as accommodation and is not intended as legal advice. Reassignment rights can vary by jurisdiction and circumstances. If you're facing a reassignment decision, consult with a qualified employment attorney or contact the Equal Employment Opportunity Commission (EEOC).