Human Resource Blog

Light Duty in Illinois

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Is an employer obligated to put an employee on light duty in Illinois, if no appropriate work is available?

Other than the usual workplace restrictions of the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964, there are no federal or Illinois laws addressing the creation of light duty work.

The ADA requires an employer to make what are called “reasonable accommodations” to allow a disabled worker to contribute her or his skills. Title VII attempts to insure that there is no discrimination in employment practices and in the workplace. An employer who gave Asian-American workers light duty assignments but denied them to African-American employees would be violating Title VII, enforced by the Equal Employment Opportunity Commission (EEOC).

Beyond those restrictions, a company’s policy and past practices will determine how it handles the matter of light duty work.

For example, an employer may determine that some types of work adapt better to light duty than others. A job requiring an employee to haul sacks or move containers weighing 50 pounds or more may not adapt to a light duty modification, so the employer would decide not to offer light duty work in that position. On the other hand, a secretarial job largely involves sitting at a desk for most of the day. The employer may determine that secretarial positions could be modified easily for light duty assignments.

A company may have enough light duty work for 3 employees, but there may be 4 workers who qualify. In that case, the fourth worker could not be given a light duty job.

Some companies have decided that they will not allow any workers to return to the job with light duty restrictions. Often this is because the employer is concerned about liability. They fear that the worker could suffer further injuries on the job.

Courts have ruled that if the employer treats all workers in the same manner when it comes to light duty restrictions, the policy is justifiable.

Regarding the ADA and “reasonable accommodation,” providing a stool for a worker who could not stand would be reasonable. Employing an additional worker to do most of the job would not be. JH