Facing a demotion or pay cut due to your disability can feel isolating, but you are not alone. Many employees face uncertainty when their employer makes changes to their role after a disability arises. Certainly, it feels like disability discrimination.
For George B. Davis, Sr., his chronic obstructive pulmonary disease (COPD) and hand issues made it impossible for him to perform his original duties as a Maintenance Worker for the VA. While the VA initially accommodated him by assigning him to desk duties and maintaining his pay, the temporary nature of his appointment and other limitations led to significant changes. The good news is that employment law offers protections, but these laws are not unlimited. The case of George B. Davis, Sr. v. Denis McDonough, Secretary, United States Department of Veterans Affairs No. 23-3419 2025 WL 212065 provides valuable insights into how courts handle these situations.
Davis’s journey with the VA highlights common challenges employees face. After being placed on a temporary assignment as a Work Order Control Clerk due to his medical restrictions, Davis’s term appointment expired. Despite applying for several positions, including a higher-paying role, Davis was passed over in favor of another candidate who was also disabled. Ultimately, he was reassigned to a Work Order Coordinating Clerk position, which paid approximately $22,000 less than his original role. Davis argued that the Department of Veterans Affairs violated Americans with Disabilities Act (“ADA”) by failing to provide reasonable accommodations. The United States Court of Appeals for the Eighth Circuit held that the VA met its obligations under the ADA by offering Davis a position, even if it was not the one he preferred. The Court emphasized that an employer is required to provide a reasonable accommodation, not necessarily the accommodation the employee desires. (See Cravens v. Blue Cross & Blue Shield of Kan. City 214 F.3d 1011 1017.)
This case underscores the importance of understanding what the law requires. Employers are legally required to engage in the interactive process and offer accommodations. However, employees should also understand the scope of those obligations. If you are dealing with a similar situation, consult an experienced employment law attorney to ensure your rights are protected.
What Constitutes A Reasonable Accommodation?
Employees often wonder what qualifies as a reasonable accommodation under the ADA. Reasonable accommodations are adjustments or modifications to a job or work environment that enable an employee with a disability to perform the essential functions of their position. Examples include modified work schedules, assistive technology, or reassignments to vacant positions. However, employers are not required to provide accommodations that impose an undue hardship on the business. Additionally, the law requires that the employee be qualified for the new position. Employers are not obligated to create a new position or fundamentally alter an existing one to accommodate an employee. The case of Davis demonstrates that while the ADA obligates employers to engage in an interactive process, it does not guarantee the employee’s preferred solution.
To safeguard your rights, always submit accommodation requests in writing and maintain detailed records of all interactions with your employer. These records can be crucial if disputes arise. If you believe your employer has failed to meet their obligations, consult a knowledgeable employment law attorney to evaluate your employment discrimination options.
Best ADA Accommodation Lawyer Blogs on Point:
- Can My Job Force A Disability Accommodation On Me?
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Can I Get A Transfer As A Reasonable Accommodation?
One common question from employees is whether they can request a transfer as a reasonable accommodation. The ADA does allow reassignment to a vacant position if the employee can no longer perform the essential functions of their current role, even with an accommodation. However, this does not mean the employer must create a new role or ignore other qualified candidates for the position.
In Huber v. Wal-Mart Stores, Inc. 486 F.3d 480 483, the United States Court of Appeals for the Eighth Circuit held that an employer is not required to reassign a disabled employee to a vacant position if it violates the employer’s legitimate, nondiscriminatory policy of hiring the most qualified candidate. Similarly, in Davis, the employer offered reassignment to a lower-paying position that was available and reasonable under the circumstances. The Eighth Circuit Court of Appeals emphasized that the ADA’s interactive process aims to find a workable solution, not necessarily the employee’s ideal outcome.
If you are seeking a transfer as a reasonable accommodation, it is crucial to communicate openly with your employer and provide all necessary documentation. Consulting an experienced employment law attorney can help ensure your request is handled properly and your rights are protected.
Best Workplace Disability Discrimination Attorney Blogs on Point:
- Can A Transfer Be A Reasonable Disability Accommodation At Work?
- ADA: What Is A Central Job Function?
- Can I Pick The ADA Accommodation I Want?
Can I Be Denied A Promotion Because Of My Disability?
It is illegal for an employer to deny a promotion based on your disability, but proving discrimination can be challenging. In Davis, the employee claimed that the VA discriminated against him when it hired another candidate for a position he sought. However, the Court held that there was no disability discrimination because the selected candidate was also disabled. The Court reiterated that under the ADA, employers are not required to favor a disabled employee over another equally or more qualified candidate. (See Huber v. Wal-Mart Stores, Inc. 486 F.3d 480 483.)
This holding demonstrates that discrimination claims often hinge on evidence of unequal treatment. To build a strong case, document all interactions related to your promotion or hiring process. Save emails, record dates, and write down specific comments or actions that suggest bias. An employment law lawyer can help you determine if your employer violated your rights.
Best Employee’s Rights Lawyer Blogs on Point:
- Discriminatory Failure To Promote Claim Relies On Being A Markedly Superior Candidate
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Can Reassignment To A Lower Position Qualify As A Hostile Work Environment?
A hostile work environment requires more than being reassigned to a lower-paying position. Courts look for severe and pervasive harassment that affects the terms, conditions, or privileges of employment. In Davis, the employee argued that being moved to a lower-paying role constituted a hostile work environment. The Court rejected this claim, holding that the reassignment did not involve the level of discriminatory intimidation, ridicule, or insult required to meet the legal standard. (See Mahler v. First Dakota Title Ltd. P’ship 931 F.3d 799 806.)
However, a demotion or reassignment to a lower-paying position can qualify as an adverse employment action, which is a key element in proving a discrimination claim. In such cases, the focus shifts to whether the employer’s decision was motivated by discriminatory intent. If you believe that your reassignment or demotion was based on bias, such as disability, race, or another protected characteristic, you may have grounds for a discrimination case. Speak with a knowledgeable attorney to evaluate your specific circumstances and determine if your employer’s actions violated employment law.
Best Employment Discrimination Attorney Blogs on Point:
- Can A Job Transfer Constitute Discrimination?
- Is A Work Transfer Considered An Adverse Employment Action?
What Evidence Do I Need To Prove Discrimination?
Crafting a compelling discrimination case relies on presenting concrete evidence of unequal treatment. This evidence can take many forms, including:
- Written communications, such as emails or performance reviews, that suggest bias.
- Witness statements from coworkers who observed discriminatory behavior.
- Records of unequal treatment, such as being passed over for promotions while less-qualified employees were promoted.
In Davis, the employee could not prove that the employer’s actions were motivated by discriminatory intent because the candidate chosen for the promotion was also disabled. This illustrates the importance of gathering specific evidence that points to bias. If you believe your demotion or reassignment was discriminatory, consult an experienced employment law lawyer to review your evidence and guide you through the legal process.
Best Wrongful Termination Law Firm Blogs on Point:
- Is An Expert Needed To Prove Disability In Discrimination Cases?
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- You Don’t Need All Evidence To Start A Discrimination Case
Why Should I Call Spitz, The Employee’s Law Firm For My Discrimination Case?
If you need the best lawyer for your employment discrimination or wrongful termination case, consider Spitz, The Employee’s Law Firm. We are one of the largest firms in the country dedicated solely to protecting employee rights. With a track record of great results, we offer vast trial experience and empathetic representation. Our team understands the emotional and financial toll of discrimination and works tirelessly to secure justice for our clients.
Spitz provides a free initial consultation and a no-fee guarantee, ensuring you only pay if we win your case. This commitment ensures that every employee, regardless of their financial situation, has access to top-tier legal representation. Do not wait to protect your rights. Call Spitz today and let us help you navigate the complexities of employment law.
If you suspect that you are experiencing discrimination or have been wrongfully fired, take immediate action to protect yourself. Document everything. Keep a detailed record of incidents, including dates, names, and specific actions or comments. Save any written communications, such as emails or memos, that support your claim. Next, consult an experienced employment law attorney. A skilled lawyer can review your evidence, explain your rights, and help you determine the best course of action. Remember, time is often critical in these cases. Do not delay seeking legal advice.
Employment Lawyer Disclaimer
This disability discrimination and accommodation blog provides general information about employment law, including issues like discrimination, wrongful termination, and your rights as an employee. It is not intended to be legal advice regarding your potential workplace claims. For specific advice tailored to your situation, consult with a qualified employment lawyer who can assess your case in detail. No promises or guarantees are being made about outcomes, and past results do not predict future results. This blog is considered a legal advertisement under applicable laws.