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Reassignment and the ADA: Is It a Matter of Right and How Do You Prove It Up?

Posted By William D. Goren, J.D., LL.M. , Thursday, March 20, 2014

One of the issues that employer's struggle a great deal with is the issue of reassignment. That is, assume you have a person with a disability that can no longer perform the job they are currently in, but that person with a disability does meet the requisite skill training and experience for another job within the company and that person could perform that other job with or without reasonable accommodations (what the Rehabilitation Act calls "otherwise qualified," and the ADA calls "qualified,") does the company have the obligation under Title 1 of the Americans with Disabilities Act (ADA) to transfer that individual with a disability to the other job? This article will explore that question as well as the question of assuming that the answer is yes, how do you go about proving it up?  

Tags:  ada  disability  family  law  reassignment  section 

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