Medical Transfer May Be Sensible Under Rehab Act: 10th Circ.

Law360, New York (September 19, 2012, 8:48 PM EDT) -- The Tenth Circuit on Wednesday joined other circuits and the Equal Employment Opportunity Commission in finding that transferring an employee for the purposes of medical treatment or therapy may be a reasonable accommodation under the Rehabilitation Act.

A three-judge panel concluded that the act applies even if an employee is able to perform essential functions of a job without such a transfer, reversing and remanding a New Mexico federal court’s decision rejecting a U.S. Forest Service worker's claims that her employer violated the act by failing...
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