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U.S. Equal Employment Opportunity Commission v. St. Joseph’s Hospital, 2016 WL 7131479 (11th Cir. 2016)

Articles Discussing Case:

Federal Court Says ADA Does Not Require Reassignment of Employee Without Competition

FordHarrison LLP • December 12, 2016
Executive Summary – If an employee can no longer perform the essential functions of his or her position due to a disability, one common form of reasonable accommodation under the Americans with Disabilities Act (ADA) is reassignment to a vacant position. Last week, in U.S. Equal Employment Opportunity Commission v. St. Joseph’s Hospital, 2016 WL 7131479 (11th Cir. 2016), the Eleventh Circuit (the federal appeals court over Florida, Georgia and Alabama) rejected a long-standing position of the U.S. Equal Employment Opportunity (EEOC) that as long as the disabled employee is qualified for the position the employer must place the employee in the vacant position and cannot require the employee to compete for it.