Recent cases from the Massachusetts Commission Against Discrimination and the Massachusetts Appeals Court offer guidance for when you have to offer an employee a transfer as a disability accommodation and when you do not.

What You Need To Know.  There is no fixed rule on offering a transfer or new job in response to a request for an accommodation.  As set forth below, each case will be reviewed based upon its specific facts.  But, don’t let anyone tell you that you never have to transfer an employee or that you must transfer an employee if the employee makes this request to accommodate a disability.

Under Massachusetts law, employers have traditionally been advised that they are not required to transfer an employee to a new job if the employee’s disability prohibits the employee from performing his or her current job. Continue reading →