ADA Does Not Expect Job Vacancies To Be Predicted:

The 10th U.S. Circuit Court of Appeals rules that under the ADA a position is "vacant" for the possible transfer of an employee with a disability only if the employer knows at the time the employee requests an accommodation that the job opening exists or will exist in the "fairly immediate future."

The Court further ruled that a job that came open 3-4 months after an employees termination did not meet that standard.


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