Comments on: “Reassignment as reasonable accommodation: mandatory or not?” https://www.overlawyered.com/2012/03/reassignment-as-reasonable-accommodation-mandatory-or-not/ Chronicling the high cost of our legal system Fri, 23 Mar 2012 22:18:40 +0000 hourly 1 By: David Schwartz https://www.overlawyered.com/2012/03/reassignment-as-reasonable-accommodation-mandatory-or-not/comment-page-1/#comment-146402 Fri, 23 Mar 2012 22:18:40 +0000 http://overlawyered.com/?p=28504#comment-146402 Didn’t the Supreme Court resolve this issue in US Airways v. Barnett? Addressing the question whether bypassing their normal seniority system to give a disabled person a job they could accomplish, the Supreme Court held: “The statute does not require proof on a case-by-case basis that a seniority system should prevail. That is because it would not be reasonable in the run of cases that the assignment in question trump the rules of a seniority system. To the contrary, it will ordinarily be unreasonable for the assignment to prevail.”

]]> By: boblipton https://www.overlawyered.com/2012/03/reassignment-as-reasonable-accommodation-mandatory-or-not/comment-page-1/#comment-146383 Fri, 23 Mar 2012 19:33:12 +0000 http://overlawyered.com/?p=28504#comment-146383 I am no longer suited to clean urinals. I request an immediate appointment as Chief Compliance Officer.

Bob

]]> By: Chris Hoey https://www.overlawyered.com/2012/03/reassignment-as-reasonable-accommodation-mandatory-or-not/comment-page-1/#comment-146376 Fri, 23 Mar 2012 18:12:59 +0000 http://overlawyered.com/?p=28504#comment-146376 Yet another conundrum created by a poorly drafted otherwise altruistic law. I tried to point out these issues when it was being drafted, but my arguments fell upon hearing impaired ears.

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