Do employers have to change full-time jobs to part-time as an accommodation under the ADA?
Although part-time work is a form of reasonable accommodation, employers probably do not have to change existing full-time jobs to part-time as an accommodation under the ADA. According to informal guidance from the EEOC, when an employee is asking to cut his/her hours in significantly, then, in essence, the employee is asking for a reassignment to an existing part-time job. The precise legal rationale will be debated in courts for awhile, but any way you look at it you fundamentally change a job when you significantly cut the hours (e.g., in half). One argument is that cutting a job in half necessarily entails cutting essential functions if “essential function” embodies the amount of work to be accomplished. You could also say that you would be cutting the production standard, which is not simply an hourly standard, but also a standard that measures how much should be produced in a full-day. Another legal argument is to say that significantly reducing the hours of a job would be chang
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- Do employers have to change full-time jobs to part-time as an accommodation under the ADA?