If you can't do your current job because of a disability, your employer can't always stop the conversation there.
In some situations, the Americans with Disabilities Act (ADA) requires employers to look at whether you can perform another available job as a reasonable accommodation. That doesn't mean they have to create a new position or guarantee you a transfer. It does mean they may need to consider reassignment before deciding you can't keep working.
A recent Fourth Circuit decision involving a Maryland employee is a good example of how these situations can play out.
If you can't perform your current job because of a disability, but you're qualified for another open position, reassignment may be a reasonable accommodation under the ADA.
Whether a transfer is required depends on the facts, including:
The key point is this: the question may become whether you can do another available job, not whether you can still do your old one.
Not indefinitely. Leave can be a reasonable accommodation if you're expected to recover and return to work. But if your employer knows you can't return to your old position, they shouldn't simply leave you on unpaid leave without considering other available jobs.
Ibrahima Dieng worked as a pest control technician for Orkin. After a workplace injury, he was medically cleared to return with permanent lifting restrictions. He could no longer perform the physical demands of his job, so he repeatedly asked about light-duty work and other available positions.
He contacted his manager several times, and his attorney also reached out to the company. No one meaningfully responded to discuss reassignment, and Mr. Dieng remained on unpaid leave for more than a year. The Fourth Circuit ruled that a jury should decide whether Orkin failed to provide a reasonable accommodation by not considering reassignment to another available position.
The ADA expects employers and employees to have a conversation about possible accommodations.
That means discussing work restrictions, available jobs, and whether there's a way for the employee to continue working. An employer doesn't have to approve every request, but simply ignoring an employee or failing to respond isn't the interactive process the ADA requires.
No. Employers aren't required to:
But if there's an open position the employee is qualified to perform, reassignment may need to be part of the conversation.
Keep your request in writing whenever possible. Save emails, text messages, medical restrictions, and any responses you receive from your employer. If you ask about another position and don't receive an answer, follow up in writing.
Those records can become important if there's later a dispute about how your employer handled your accommodation request.
If your employer ignored your accommodation request, refused to discuss another available position, or kept you on unpaid leave without considering reassignment, contact Lebau & Neuworth.
Our employment lawyers represent employees across Maryland and the DC Metro Area in ADA accommodation and disability discrimination cases. We'll evaluate your situation, answer your questions, and help you decide what to do next.
