10th Circ. Ruling Limits Duty To Reassign Under ADA

Law360, New York (June 23, 2010, 2:29 PM EDT) -- A federal appeals court's recent decision defining the term “vacant” under the Americans with Disabilities Act gives some assurance to employers restructuring their businesses that they need not disrupt such plans to meet their duty to reassign a disabled employee, attorneys said.

The U.S. Court of Appeals for the Tenth Circuit held in its June 8 ruling in Duvall v. Georgia-Pacific Consumer Products LP that a position is vacant under the ADA if it is available for similarly situated nondisabled employees to apply for and obtain,...
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