To use reassignment as a reasonable accommodation, what must be true about the vacant position?

To use reassignment as a reasonable accommodation, what must be true about the vacant position?

• A. They must be qualified for the vacant position
• B. They must be the most senior employee in the company
• C. They must have a different skill set
• D. They must resign from current role

Answer: (A)

Reassignment as a reasonable accommodation rests on having a vacant position that the employee is qualified to fill. When someone with a disability can’t perform the essential functions of their current job, the employer may offer a different, vacant role that the employee can perform, with or without accommodations. The key requirement is qualification for the new job—the employee must meet the duties of that position. The vacancy must exist at the time of the reassignment. It’s not about seniority, a different skill set, or forcing the employee to resign; the move only happens if there is a suitable, unfilled position the employee can perform.

Reassignment as a reasonable accommodation rests on having a vacant position that the employee is qualified to fill. When someone with a disability can’t perform the essential functions of their current job, the employer may offer a different, vacant role that the employee can perform, with or without accommodations. The key requirement is qualification for the new job—the employee must meet the duties of that position. The vacancy must exist at the time of the reassignment. It’s not about seniority, a different skill set, or forcing the employee to resign; the move only happens if there is a suitable, unfilled position the employee can perform.