The reasonable accommodation through reassignment of a qualified employee with a disability takes precedence over voluntary affirmative action plans, the Equal Employment Opportunity Commission said in a Jan. 31 opinion letter, meaning an employer must reassign such an employee to a vacant position rather than hire a minority female who would otherwise receive the job under the voluntary plan.

“The existence of a voluntary plan alone would not constitute an undue hardship within the meaning of the ADA,” Associate Legal Counsel Peggy R. Mastroianni wrote. “Therefore, the employer must offer the position to the employee with a disability. This is true regardless of whether the minority female candidate is currently an employee or someone outside the organization.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]