May an employer unilaterally reassign an employee with a disability-related occupational injury to a different position instead of the position s/he held at the time the injury occurred?May an employer unilaterally reassign an employee with a disability-related occupational injury to a different position instead of first trying to accommodate the employee in the position s/he held at the time the injury occurred? No. An employer must first assess whether the employee can perform the essential functions of his/her original position, with or without a reasonable accommodation. Examples of reasonable accommodation include job restructuring, modification of equipment, or a part-time work schedule. Reassignment should be considered only when accommodation within the employee's original position is not possible or would impose an undue hardship. |
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