News Notes: Employer Must Consider Reassigning Disabled Employee To Positions At Equivalent Pay Level

A recent ruling by the federal Ninth Circuit Court of Appeals helps clarify which positions disabled employees must be considered for when they can’t perform their present job. Rodney McLean was a postal clerk until his physical condition prevented him from performing his duties. Although he identified many vacant positions at the same pay level that he claimed were suitable, the Postal Service refused to reassign him, saying it only had to consider McLean for jobs at the same grade within its internal job classification system. The court rejected the Postal Service’s narrow view of its legal responsibilities. The court said that, unless there are significant differences in factors such as status or benefits, a disabled employee must be considered for all vacant jobs—which they can perform with or without a reasonable accommodation—provided the jobs are on an equivalent pay level with the person’s current position.