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September 2012 Archives

September 2012 Volume XI No. 7 Taking Care of Business About Us Comments Unsubscribe Disclaimer 7th Circuit Reverses Opinion on Reassignment of Disabled Employees Until recently, the precedent in the Seventh Circuit Court of Appeals did not require emp

jjaskowiak.jpgConcerted activity for the purpose of collective bargaining or other mutual aid and protection, a protected right of both union and non-union employees under the National Labor Relations Act, encompasses many activities that, at first blush, may not be easily identified as protected by federal law. Even the simplest of activities, such as a discussion between a single employee and supervisor concerning wages, benefits or other terms of employment may constitute a protected concerted activity if undertaken for the mutual aid or protection of employees. Employers should exercise caution in prohibiting certain activities, or imposing discipline responsive to them, in order to avoid running afoul of Federal law.

7th Circuit Reverses Opinion on Reassignment of Disabled Employees

lu_hwe_logo.jpgUntil recently, the precedent in the Seventh Circuit Court of Appeals did not require employers to automatically reassign disabled employees to vacant positions for which they were qualified, especially if there was a better qualified applicant for the position. In September 2012, the Seventh Circuit reversed course to conform to an earlier Supreme Court holding, and changed its interpretation of the Americans with Disabilities Act to require reassignment of a disabled employee to a vacant position if such reassignment is ordinarily reasonable under the circumstances and would not create an undue hardship for the employer.

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