2. If an employer has some light-duty jobs in which individuals with injuries similar to Hands have...

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2. If an employer has some light-duty jobs in which individuals with injuries similar to Hand’s have been previously or are currently employed, could the employer be required to create such a job vacancy for Hand to fill in order to provide him with a reasonable accommodation under the ADA? Jack Hand was employed as a pipefitter’s helper when he injured his back on the job. According to testimony from the neurosurgeon that treated Hand’s injury, Hand was unable to lift more than 10 lbs. frequently or 20 lbs. occasionally, could not sit or stand more than one hour without a break, and could not stoop, crawl, climb ladders, or perform overhead work. These work restrictions were considered permanent due to the degenerative condition of Hand’s lumbar region of the spine. Hand recognized that he could not perform the job he formally held at the time of his injury but did pursue other lightduty jobs (e.g., fire watch position or a job monitoring and checking for leaky pipes) at his employer’s firm. After being repeatedly told that no light-duty jobs were currently vacant at the company, Hand quit and sued his employer for allegedly failing to provide him a reasonable accommodation under the ADA by refusing to assign him a light-duty job after his injury.

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The Labor Relations Process

ISBN: 9780324421446

9th Edition

Authors: William H Holley, Kenneth M Jennings, Roger S Wolters

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