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The EEOC brought suit and argued that the mere opportunity to compete for a vacant position does not meet the reasonable accommodation obligation under the ADA and, thus, Bryk should have been granted a reassignment without having to compete with other applicants. The Hospital then terminated her employment. Although the Hospital told Bryk “it wasn’t their job to get a job for ,” the Hospital made the Manager of Team Resources available to answer questions and guide Bryk through the process.ĭuring the 30-day application period, Bryk applied for seven out of 700 available positions but failed to obtain a new position.

The Hospital offered Bryk a 30-day application period during which she could apply for other positions internally. Joseph’s Hospital (the “Hospital”) advised Leokadia Bryk (“Bryk”), a disabled nurse, that she could no longer use a cane in the psychiatric ward where she worked because it posed a safety risk.

Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world for a vacant position” as a reasonable accommodation, and employers are not required to reassign a disabled employee into a vacant position ahead of more qualified, non-disabled employees.