Eleventh Circuit: No Transfer Preferences for Disabled Employees
One of the more unsettled areas of jurisprudence under the Americans with Disabilities Act ("ADA") concerns the obligation of an employer to consider as a reasonable accommodation the transfer of a disabled employee to a vacant position if the disabled worker cannot be reasonably accommodated in his or her current job.
Jonathan R. Mook is a partner in the Alexandria, Virginia firm of DiMuro Ginsberg, P.C., where his practice includes general litigation and counseling employers in all aspects of employment law. Mr. Mook is the author of two legal treatises on the Americans with Disabilities Act: "ADA: Employee Rights and Employer Obligations" (1992) and "ADA: Public Accommodations and Commercial Facilities" (1994), both published by Matthew Bender. Mr. Mook can be contacted at firstname.lastname@example.org.
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