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Burden of proof on employee seeking transfer as part of reasonable accommodation request.

October 1, 2010
Cattuna v. Sara Lee Corporation, Docket No. A-0603-09T2 (App. Div. August 27, 2010)

The plaintiff asserted that his employer failed to engage in the interactive process to address accommodating his disability and should have transferred him to a position that was within his qualifications and abilities. In rejecting the plaintiff's claim, the court held that the plaintiff has the burden of showing that (1) a vacant, funded position is available; (2) the position was at or below the plaintiff's former position; and (3) the plaintiff was qualified to perform the essential duties of the new position with or without reasonable accommodation. The employer is not required to bump another employee in order to reassign a disabled employee to the position.

Case Law Alert - 4th Qtr 2010

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Lawrence B. Berg
Shareholder
(856) 414-6031
lbberg@mdwcg.com

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