The Accommodation of Last Resort

Reassigning Disabled Employees as a Reasonable Accommodation Under Disability-Neutral Workplace Rules

This article, by AKC Law Attorney Peter Langdon appeared in the March 2020 issue of For The Defense,  a magazine for defense, insurance, and corporate counsel. This article addresses whether an employer is required to disregard a disability- neutral workplace rule, such as hiring the most qualified candidate, in reassigning a disabled employee as a reasonable accommodation. The article reviews multiple arguments and concludes:

Whether an employer must reassign a disabled employee to a vacant position as a reasonable accommodation instead of following the employer’s disability- neutral workplace rule, such as hiring a more qualified candidate, largely depends on the law of the circuit in which the employer resides.
If an employer operates in a jurisdiction where the courts require the employer to reassign disabled individuals as a reasonable accommodation, even if a more qualified candidate is available, the defense attorney is not without recourse. The discussion in this article should provide bases for asserting meritorious arguments, even in unfavorable jurisdictions.

Read the article in it’s entirety here. Accomodation of Last Resort, DRI March 2020