9.8 Million Reasons to Consider Transferring a Disabled Employee to a Vacant Position

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Earlier this month, American Airlines agreed to pay $9.8 million to settle a disability discrimination lawsuit brought by the EEOC.

The agency claimed that the employer’s return-to-work policy — which allegedly refused to consider transfers to open positions for disabled employees, but instead required the employees to apply for and compete for vacant position upon their return to work — violated the ADA.

The law guiding this issue under the ADA is … complicated.

The EEOC’s position is consistent with the settlement of the American Airlines lawsuit — so long as a disabled employee is otherwise qualified for a vacant position, an employer

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