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Moving an Employee to a New Position Can Be a Reasonable Accommodation

4/14/2022

 
The U.S. Equal Employment Opportunity Commission recently settled a lawsuit against senior living community.  The EEOC's lawsuit claimed that the company determined that one of its Certified Nursing Assistants could no longer perform the essential functions of her job because she had a lifting restriction, which resulted from a workplace injury that she suffered.  The employee asked to be placed into one of several other jobs for which she was qualified, but the company refused.  This alleged conduct is a violation of the Americans with Disabilities Act, as amended, which requires employers to grant reasonable accommodations to its employees.  See EEOC v. Heart of CarDon, LLC, No. 1:20-cv-00998-JRS-MJD (S.D. Ind.).

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