Reassignment as a Reasonable Accommodation

Melville Johnson

April 7, 2020

Generally, reassignment as reasonable accommodation is granted as a “last resort,” and is only required after determining that no effective accommodations will allow the employee to perform the essential functions of his or her current position, or that all the other accommodations will be pose an undue hardship to the employer. However, if the employer and employee voluntarily agree that the transfer is preferable to remaining in the current position with some form of reasonable accommodation, then the employer may reassign the employee.

To obtain reassignment, the employee must be “qualified” for the new position. To be qualified, the employee must demonstrate that he or she:

satisfies the requisite skill, experience, education, and other job-related requirements of the position
Can perform the essential functions of the new position, with or without reasonable accommodation.

The employee does not need to be the best qualified individual for the position in order to obtain the reassignment. It is also important to note that the employer has no obligation to assist the employee to become qualified, such as providing training.

Also, with regard to vacancy, “vacant” means that the position is available when the employee asks for reasonable accommodation, or that the employer knows that it will become available within a reasonable amount of time as determined on a case-by-case basis. A position is considered “vacant” even if the employer has posted a notice or announcement seeking applications for that position. However, the employer is not required to bump an employee from a job in order to create a vacancy, nor does it have to create a new position.

As mentioned, the employer must reassign the employee to a vacant position that is equivalent in terms of pay, status, and other factors if the employee is qualified. However, if there is no vacant equivalent position, the employer must reassign the employee to a vacant lower level position for which the individual is qualified that is closest to the employee’s current position. In addition, reassignment does not include giving an employee a promotion.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in OPM matters such as these, and are willing and able to assist you in your federal employment legal matters.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

Back to Blog

what our clients are saying

“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.

“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.

“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.

“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.