Employees with disabilities may be entitled to transfer to open positions that they are qualified to hold. Remember, that means jobs they could do with or without an accommodation.
Don’t assume that because a disability kept an employee from performing a strenuous job she once held, she can now do only sedentary work. There may be a nonsedentary position that could be adapted.
Recent case: Teachers aide Marilyn Woodruff sometimes needed a wheelchair and had increasing trouble doing her job. She asked to be transferred to other nonsedentary jobs, but was turned down.
That, said the court, might be disability discrimination. She should get a chance to show she could perform the essential functions of the open jobs, with or without reasonable accommodations. (Woodruff v. School Board of Seminole County, No. 08-11798, 11th Cir., 2008)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- UPS grooming standards prompt religious bias lawsuit
- Worker not returning from FMLA leave? Terminate, but pay benefits for full 12 weeks
- Easy come, easy go: Political appointees have little room to blame firings on bias
- During lawsuit proceedings, Don't inquire about employees' immigration status