Americans with Disabilities Act Clarification

According to an update from the Littler Mendolsohn PC law Firm the federal courts have handed downa ruling involving vacant positions and accommodations. In the ruling the U.S. Court of Appeals for the Tenth Circuit  considered whether positions filled by temporary contract workers are "vacant" for purposes of reassignment as a reasonable accommodation under the Americans with Disabilities Act (ADA). In Duvall v. Georgia-Pacific Consumer Products, L.P., No. 08-7096 (June 9, 2010), the court held that, because similarly situated nondisabled employees could not apply for or obtain positions filled by temporary contract employees, the employer was not obligated to reassign a disabled employee to such nonvacant positions.

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