Employment Law Blog

Saturday, May 28, 2016

Reassignment is a Reasonable Disability Accommodation

If you have a disability and cannot perform your current job, but your employer has other open positions which you can perform, you may now have the right to a reassignment under Maryland law. The Maryland Court of Appeals ruled in a recent case that a reassignment is a reasonable accommodation, and an employer who refuses to consider a request for reassignment may be in violation of the state Fair Employment Practices Act. This is an important decision for disabled workers. No longer is it arguable under Maryland law that these employees must show that they can be accommodated in the present jobs which they hold. It is now undoubtedly enough if they can show that their employers had other available positions which they could perform. The decision, Peninsula Regional Medical Center v. Tracey L. Adkins, now provides additional avenues for disabled workers to remain in the workplace, and is a victory for advocates for the disabled. Meanwhile it creates additional requirements for businesses, making preventative legal counsel a wise investment. Whether you are an individual suffering from a disability or a business seeking to comply with the law, Baror Law is experienced in handling disability accommodation and discrimination cases, including specifically reassignment disability cases. In fact, Baror Law has been pursuing this legal strategy since before the Court of Appeals opinion came out, based upon federal precedents. If you need legal counsel for disability law issues, you may contact Baror Law for a consultation.  

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