If an employee can no longer perform the essential functions of their current position because of a disability, and the requested accommodation poses an undue hardship on the employer, then the employer is not required to provide that requested accommodation. However, the ADA specifically lists “reassignment to a vacant position” as a form of reasonable accommodation. According to the EEOC, “Reassignment is the reasonable accommodation of last resort and is required only after it has been determined that: (1) there are no effective accommodations that will enable the employee to perform the essential functions of their current position, or (2) all other reasonable accommodations would impose an undue hardship.” Before terminating the employee — particularly if there is a vacant position for which the employee is qualified — speak to your employment attorney to best understand options and risks.
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If an accommodation can’t be approved due to undue hardship, must an employer always look at reassignment prior to termination?
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