May an employer satisfy its ADA obligation to provide reasonable accommodation for an employee with occupational injury by placement in a workers' compensation vocational rehabilitation program?May an employer satisfy its ADA obligation to provide reasonable accommodation for an employee with occupational injury by placement in a workers' compensation vocational rehabilitation program? No. An employer cannot substitute vocational rehabilitation services in place of a reasonable accommodation required by the ADA for an employee with a disability-related occupational injury. An employee's rights under the ADA are separate from his/her entitlements under a workers' compensation law. The ADA requires employers to accommodate an employee in his/her current position through job restructuring or some other modification, absent undue hardship. If it would impose an undue hardship to accommodate an employee in his/her current position, then the ADA requires that an employer reassign the employee to a vacant position s/he can perform, absent undue hardship. |
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