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Now, let's discuss step 3 in the accommodation process. The road
to a successful accommodation outcome can be a bumpy one. During Step
2, various roadblocks may lead an employer to the conclusion that
accommodation in the current position may not be possible. While it
is traditional to accommodate an employee in their current position,
an employer should consider Step 3, Explore Alternative Placement
Options, and address whether the employee could be reassigned to another
position as the effective accommodation solution. Traditionally, an
employer is only obligated to reassign an employee to a vacant position
for which he/she is qualified.
Reassignment is referred to as a reasonable accommodation by the
Equal Employment Opportunity Commission (EEOC), the federal government
agency that enforces Title I, the employment provisions, of the Americans
with Disabilities Act (ADA). Normally when JAN discusses the Job Accommodation
Process, JAN tries to speak in terms of accommodation ideas as opposed
to addressing ADA requirements. However, when it comes to reassignment
issues, it is difficult not to address the ADA. EEOC does provide
guidance regarding reassignment as an accommodation. The reassignment
information provided during this segment of our lecture is based upon
guidance provided by that agency. This guidance known as, Enforcement
Guidance: Reasonable Accommodation and Undue Hardship under the Americans
with Disabilities Act (ADA), can be found on EEOC's Website at www.eeoc.gov.
Let's consider some of the questions that might be addressed when
exploring reassignment as an accommodation. Is reassignment a possibility?
EEOC refers to reassignment as the accommodation of last resort. According
to the Enforcement Guidance, reassignment should be considered when,
"(1) there are no effective accommodations that will enable the
employee to perform the essential functions of his/her current position,
or (2) all other reasonable accommodations would impose an undue hardship.
However, according to the EEOC, "if both the employer and the
employee voluntarily agree that transfer is preferable to remaining
in the current position with some form of reasonable accommodation,
then the employer may transfer the employee."
If reassignment is a possibility as an accommodation, is the employee
qualified for reassignment? Reassignment is only available to qualified
employees, not applicants or newly hired employees who were never
able to perform the job functions upon being hired. To be considered
qualified, the employee must possess the skills and qualifications
required for the vacant position. The employer is not required to
provide training to make the employee eligible for the position beyond
what would normally be provided to any other person. Accommodations
may also be needed in the position the person is reassigned to.
If the employee is qualified for reassignment, are there any vacant,
equivalent positions? Reassignment should first be considered to a
vacant position at an equivalent level, with similar pay and benefits
and second to a lower graded position, with less pay and benefits.
According to the EEOC, if an employee is reassigned to a lower graded
position, an employer is not required to maintain the employee's original
salary and benefits unless the employer customarily does so for other
similarly situated employees. There may be a collective bargaining
agreement or policy in place requiring the employee's rate of pay
to stay the same for a period of time.
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