One of the hot areas in title I of the ADA is the question of whether an employer has a mandatory duty of reassignment to a vacant position where the employee is no longer qualified per the ADA for that position. The circuits are split on that, so it is just a matter of time
Huber v. Wal-Mart stores
Mandatory Reassignment yet Again, Rule 59(E), EEOC Legal Malpractice?, And Other Matters
By William Goren on
I know I said that last week’s blog entry would be my last substantive blog entry of the year, but events can always happen to change my mind. Recently, the 11th Circuit came down with a published decision on December 7, 2016, in EEOC v. St. Joseph’s Hospital, Inc. , which has several issues…