Legal Question in Disability Law in

Re: accomodations for another position if a health problem prevents going back t

The employer is required to accomodate only serious health conditions as that term is used in the Americans with Disabilities Act. Generally, this requires a health condition that interferes with a major life activity BREATHING, EATING, ETC.

Re: accomodations for another position if a health problem prevents going back t

Your question brings up the reasonable accommodation of reassignment or transfer. An employer is only obligated to provide you with reasonable accommodation if you are an "individual with a disability" as defined by the Americans with Disabilities Act. The employer normally assesses your medical condition to verify whether or not they believe you receive such protection as an "individual with a disability".

"Reassignment to a vacant position" is a reasonable acommodation under the ADA. It applies under the following circumstances:

1) When you are no longer able to perform the essentail functions of your job;

2) When a job is vacant and available;

3) When you are qualified for the vacant and available job.

In that circumstance you can be reassigned or transferred to that job if you can perform the essential functions of that job WITH OR WITHOUT REASONABLE ACCOMMODATION.

In some jurisdictions it is unlawful for an employer to make you "compete" for that job with others who are also vying for the position, instead of automatically transferring you "noncompetitively" to the position once you are determined to be "qualified" for the job.

If you are working in a union environment, sometimes an ADA reassignment or transfer does NOT trump the union job assignment/seniority system.