ABSTRACT

If the employee can no longer do his or her current job and there is a vacant job he or she can do with or without reasonable accommodation, reassignment may be a necessary reasonable accommodation. If the survivor is no longer able to provide his or her job function even with a reasonable accommodation and no other jobs for which the survivor is qualified are available, the employer is not required to retain the employee. For example, if the job description legitimately calls for a 55-hour week and you can only provide 40, accommodating you would destroy the nature of the position, which is not required under the ADA.