Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: reassignment

Second Circuit Rejects ADA Claim of Reassignment to Vacant Position

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

The Second Circuit has been a bit busier of late making it tougher to keep up with all the developments (though I would suggest the Wait a Second blog as a good site to follow to do so). Yesterday, in McBride v. BIC Consumer Products (download here), the Second Circuit rejected an employee’s ADA claim finding… Continue Reading

Office Space: Reassignment of Office Enough to Establish Claim of Retaliation But Not Discrimination

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

 A decision last week by the Second Circuit might seem fairly trivial. After all, the Court stamped a "summary order" in the case of Cunningham v. NY State Dept. of Labor (download here)  on June 10, 2009 thereby making sure the case doesn’t have precedential effect. But employers shouldn’t ignore this decision; it illustrates the differences… Continue Reading

Is Reassignment to Vacant Position Required under ADA? Prepare to Wait Further to Find Out

By Daniel Schwartz on Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

Last month, I reported that the U.S. Supreme Court had agreed to hear the case of Huber v. Wal-Mart, to decide whether disabled employees must be reassigned to a vacant position for which they are qualified or merely be permitted to apply for such a position. Yesterday, however, the U.S. Supreme Court agreed to dismiss the… Continue Reading

ADA Reassignment: Must Employee Be Reassigned to Vacant Position or Merely Be Permitted to Apply

By Daniel Schwartz on Posted in Discrimination & Harassment

The U.S. Supreme Court this afternoon granted certiorari to an important question under the Americans with Disabilities Act, namely whether disabled employees must be reassigned to a vacant position for which they are qualified or merely be permitted to apply for such a position. In Huber v. Walmart, the Eighth Circuit held for the employer… Continue Reading