White Paper

Appellate Court Holds that ADA Does Not Require Reassignment Without Competition

 
The Equal Employment Opportunity Commission (EEOC) suffered a setback in its attempt to establish that the Americans With Disabilities Act (ADA) requires an employer to reassign an employee to an available position without having to compete with other candidates for that position. In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit Court of Appeals held that a Florida District Court correctly interpreted the ADA when it held that there is no mandate for noncompetitive reassignment as an accommodation.

The case involved a disabled nurse who sought accommodation under the ADA because she required the use of a cane. The plaintiff could not continue working in her existing position while using a cane because it was a safety hazard and she therefore sought reassignment to another unit in the Hospital. She was given the opportunity to apply for other jobs in the Hospital but she had to compete with other candidates for them. The plaintiff did not meet the Hospital’s requirement for internal candidates to have been in their position for 6 months and to have no final written warnings.

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Tasos C. Paindiris is a Principal in the Orlando, Florida, office of Jackson Lewis P.C. His practice concentrates on advising clients in many different areas of workplace law. Mr. Paindiris's experience includes representing clients in a variety of forums, including state and federal courts, the state and federal Departments of Labor, state and local human rights agencies, the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs, the Workers’ Compensation Commission, and state unemployment compensation departments.

Paul Patten is a Principal in the Chicago, Illinois, office of Jackson Lewis P.C. He represents management in employment cases in federal and state courts and before administrative agencies. Mr. Patten’s practice focuses primarily on employment litigation and counseling. He represents employers in federal and state individual and class-based lawsuits covering a wide range of statutes and subjects, including federal and state anti-discrimination and wage and hour laws.

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Tasos C. Paindiris, Esq.

Tasos C. Paindiris, Esq.

Jackson Lewis P.C.