Wake Forest Law Review
The Americans with Disabilities Act obligates employers to provide reasonable accomodations to disabled workers as a means of enabling those workers to perform essential job duties. Of all the accomodations contemplated by the ADA, leaves of absence and reassignment to another position pose the most troublesome legal and human resource issues. These two types of accomodations do not merely tweak the job that a disabled employee is asked to perform, but instead excuse such employees from performing their original job assignment. While facilitating disabled employees to remain gainfully employed, these accomodations impose significant burdens on both employers and fellow employees. This Article discusses a number of legal issues currently in dispute concerning these two accomodations, and recommends several policy-based solutions that would aid in defining the appropriate contours of the reasonable accomodation duty.
Stephen F. Befort, The Most Difficult ADA Reasonable Accommodation Issues: Reassignment and Leave of Absence, 37 Wake Forest L. Rev. 439 (2002), available at http://scholarship.law.umn.edu/faculty_articles/209.