What should an agency do if it appears that a proposed reassignment may conflict with its seniority system?
A proposed reassignment that conflicts with a seniority system will not be a reasonable accommodation unless there are special circumstances that undermine other employees’ expectations of consistent, uniform treatment. For example, special circumstances may exist where an agency retains the right to alter the seniority system unilaterally, and has exercised that right fairly frequently, where a seniority system contains other exceptions, or where the seniority system includes a means of seeking exceptions. Where no conflict exists and other requirements for reassignment have been satisfied, the reassignment must be made. For example, no conflict would exist if the seniority system permits medical transfers without regard to seniority.
