One type of an accommodation to a workplace disability that an employee may be entitled to is a reassignment due to a disability to a different position. Below is a useful information on your rights / obligations as a disabled worker, if you are in a situation where reassignment might be a good option for you:
1. Reassignment is a Flexible Process
There is no specific, rigid set of rules as to how reassignment accommodation works, as the law encourages the parties (employees and employers) to engage in the “interactive process” and be flexible about finding a solution to an employee’s limitations. Generally, if you have a particular disability where reassignment might be appropriate, you should look, consider and suggest to your employer being placed to any and all positions that you could be reassigned to. The employer might agree or disagree with you about which position you can or cannot be reassigned to, and you should work with them to find mutually agreeable solution.
2. The Employer Doesn’t Have to Create a New Position For You
Remember – the employer doesn’t have to create a new position to accommodate your condition. For instance, if you have injured your back and you can’t perform your specific duties that involve physical work, but you are able to perform desk duties, such as sorting paperwork, answering phones, etc… but the employer doesn’t have any such position open, you will not be entitled to be reassigned to a position that doesn’t exist.
3. You Must Be Qualified For The Position That You Seek to Be Reassigned To
You must be at least minimally qualified for the position you seek to be reassigned to. This means that your education / professional experience / abilities have to match the position you are seeking. Ultimately, it is the employer’s determination whether your skill set and the job duties of the position you are seeking to be reassigned to are a good match.
4. To Be On a Safe Side – Initiate The Reassignment Process
Most courts hold that the employer should initiate the process of trying to reassign a disabled worker to a vacant position that’s consistent with his limitations. These courts hold that the employer is in a better position and is better equipped to ensure that you have access to the legal protections provided by disability laws. Still, you are better off initiating the process and making your desire to be reassigned to specific open positions known to your employer instead of the making.