Example C: An employee works for a morning newspaper and operates printing presses that operate between 10 p.m. and 3 a.m. Because of her disability, she has to work during the day. The essential function of his position, the operation of printing presses, requires him to work at night, since the newspaper cannot be printed during the day. Since the employer cannot change their hours of work, they must consider whether they can redirect them to another position.  Commission Guidelines, 29 C.F.R. § 1605.2(e)(1); see also Redmond v. GAF Corp., 574 F.2d 897, 904 (7th Cir. 1978) (the finding that the employer could not prove that the payment of replacement wages for replacement workers would cause unreasonable hardship because the claimant had received bonus wages for the hours in question); EEOC v. Sw.
Bell Tel. LP, No. 3:06CV00176 JLH, 2007 WL 2891379, at *4 (E.D. Ark. Oct. 3, 2007) (Conclude that paying salary bonuses for one day, allowing two employees to attend the Congress of Jehovah`s Witnesses each year as part of their religious practice, at an alleged cost of $220.72 per person in an institution that regularly paid overtime, does not legally constitute undue hardship if there was no evidence that customer service needs were not being met on the day in question) (jury verdict for The Applicant was later filed), The appeal was dismissed, 550 F.3d 704 (8th Cir. 2008). Example B: A person with a spinal cord injury applies for a secretarial position.
Since the office has two levels at the entrance, the employer arranges for the candidate to take a written exam, a requirement of the application process, at another location. The applicant does not pass the examination. The employer does not have to make any other reasonable arrangements for this person because they no longer have the right to continue the application process. Before considering a transfer as a reasonable arrangement, employers should first consider the arrangements that would allow an employee to remain in their current position. Reassignment is the appropriate last resort and is only necessary after it has been determined that: (1) there are no effective arrangements to enable the employee to perform the essential duties of his or her current position, or (2) any other reasonable arrangement would constitute unreasonable prejudice. (80) However, if the employer and the employee voluntarily agree that a transfer is preferable to remaining in the current position with reasonable accommodation, the employer may transfer the worker.  See EEOC v. Abercrombie & Fitch Stores, Inc., 135 p.
Ct. 2028, 2033 (2015) (“An employer may not make a candidate`s religious practice, whether confirmed or not, a factor in employment decisions. If the applicant does require accommodation to this religious practice and the employer`s desire to avoid potential accommodation is a motivating factor in its decision, the employer violates Title VII “without defence or available exception”; see also Commission Guidelines, 29 C.F.R. § 1605.3.  See, for example, EEOC v. Arlington Transit Mix, Inc., 957 F.2d 219, 222 (6th Cir. 1991) (“After the company has not made [a voluntary waiver of seniority rights] or other reasonable accommodation, it is not in a position to argue that it has not been able to adequately meet [the applicant`s] religious needs without unduly burdening the conduct of its business.”); EEOC v. Ithaca Indus., Inc., 849 F.2d 116, 118-19 (4th Cir.
1988) (finding that the employer`s failure to accommodate, without evidence of undue hardship, violated Title VII).