Seventh Circuit Signals Potential Shift In Law For Job Transfers As A Reasonable Accommodation In EEOC-Initiated Litigation

On March 7, 2012, the U.S. Court of Appeals for the  Seventh Circuit affirmed dismissal of a case brought by the EEOC challenging the reasonable accommodations guidelines implemented by United Airlines, Inc. (“United”) in  Equal Employment Opportunity Commission v. United Airlines, Inc., Case No. 11-1774 (7th Cir. Mar. 7, 2012).  The EEOC’s complaint was based on the theory that the Americans With Disabilities Act (“ADA”) requires that an employee who needs a reasonable accommodation must be automatically placed in any vacant position for which the employee is minimally qualified, regardless of the employer’s transfer policies. Id. at 2-3. The Seventh Circuit has long held, however, that the ADA imposes no such requirement. Id. at 3-4.   

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