Americans with Disabilities Act – Competitive transfer policy not cleared for takeoff

Description

Abstract: In trying to accommodate disabled employees under the Americans with Disabilities Act (ADA), employers have a variety of options. United Airlines placed disabled workers in vacant positions provided no better qualified candidates were in the running. This “competitive transfer” policy led to a lawsuit that claimed it violated the ADA. This article discusses how the U.S. Court of Appeals for the Seventh Circuit ruled, taking into account two previous cases. A sidebar discusses a case in which a disabled employee sued after refusing her employer’s reassignment. EEOC v. United Airlines, Inc, No. 11-1774, March 7, 2012 (7th Cir.); EEOC v. Humiston-Keeling, No. 99-3281, Sept. 15, 2000 (7th Cir.); US Airways, Inc. v. Barnett, No. 00-1250, April 29, 2002 (Supreme Court); Kallail v. Alliant Energy Corporate Services, Inc., No. 11-2202, Sept. 4, 2012 (8th Cir.).