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According to a new decision issued by the 7th Circuit, EEOC v. United Airlines, Inc., employers are now required to reassign to vacant positions workers with disabilities who can no longer perform the essential functions of their jobs. In reaching this decision, the 7th Circuit overruled precedent allowing employers to implement transfer policies requiring disabled employees to compete with other candidates for reassignment positions. The shift in the court’s interpretation of the Americans with Disabilities Act (ADA) has great significance for employers working with employees with disabilities.

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