A lab worker with health problems as a result of her work with a solvent submitted the following request for an accommodation: “Avoid any type of work where she would have exposure to organic solvents. Transfer to another line of work. Avoidance of irritants.”

The employer denied the request but offered the plaintiff a full

When an employee cannot perform the essential functions of his or her position, with or without an accommodation due to a disability, an employer must consider “the accommodation of last resort”—transfer to a vacant lateral or lower position for which the employee is qualified.

Circuit courts had been evenly divided on whether an individual with

When an employee cannot perform the essential functions of his or her position, with or without an accommodation, due to a disability, an employer must consider “the accommodation of last resort”—transfer to a vacant lateral or lower position for which the employee is qualified.

The circuit courts have split on whether an individual with a