Sunday, August 28, 2011

Factors in Job Reassignment for ADA Accommodations

Under the Americans with Disabilities Act, Pennsylvania employees with either long-standing disabilities or disabilities that have developed in the course of their employment are entitled to a work modification that will reasonably accommodate the disability. One accommodation available under the ADA is a position reassignment.

This kind of ADA accommodation is to be provided to employees who, because of their disability, can no longer perform the essential functions of the current position, with or without reasonable accommodation.

The employer can avoid having to offer reassignment if they can show that it would be an undue hardship to the company.

Other qualifiers for a reassignment is that the employee must be "qualified" for the new position i.e. you don't just get what other position is open unless you can do it. The ADA says an employee is "qualified" for a position if they: 1. satisfy the requisite skill, experience, education, and other job-related requirements of the position, and 2. can perform the essential functions of the new position, with or without reasonable accommodation. If you meet those requirements, as an employee, you should be good to go. That's because under the ADA, the employee does not need to be the best qualified individual for the position in order to obtain it as a reassignment.

Also, employees should be aware that your employer is not obligated to assist you in becoming qualified for the new position. Your employer does not have to provide training for you to gain the necessary skills to take a job. Your employer does, however, have to provide you with any training that is normally provided to anyone hired for or transferred to the reassigned position. Share this post :
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