A unilateral transfer of a disabled employee to a position that the employee does not want when another reasonable accommodation is available is inappropriate, a federal appeals court ruled in reinstating a former Virginia police officer for disability.
Michael Steven Wirtes, a Newport News police detective, was redistributed as a property crime detective when the heavy, equipment-laden belt he wore in his former unit caused nerve damage, following a Friday ruling by the Fourth District Court in Richmond, Virginia, Michael Steven Wirtes vs. City of Newport News.
Mr. Wirtes was initially able to wear a shoulder holster in his new position, but the department changed its rules to require wearing the standard edition belt, and he got an easy job.
When his assigned eight-month light status ended, he was offered a civilian job as logistics manager for the police department. The city rejected his proposal to wear his equipment on a cover or vest or that he should be exempted from performing patrol services and wearing the standard uniform.
He resigned and appealed to the city in the Newport News's District Court in Newport News. The decision is set aside by a unanimous panel of three appeals.
"We take guidance from our sister circles", the verdict is mentioned. "Every district court that has dealt with this issue has concluded that an employer fails to satisfy its qualified disabled employee when it transfers the employee from a position they could perform if they were given affordable housing to a position they do not want," he said. the decision.
“To clarify, we do not consider that an employer can never redistribute an employee when there is reasonable accommodation that will keep the employee in his or her current and preferred position.
“The broad question is not before us. Nor should this opinion be read in any way to limit the ability of employers and employees to agree on a voluntary transfer.
' an earlier decision and the handling of the case for further negotiations.
A city attorney did not respond to a request for comment. Catalog