Letter for Employee to Request a Transfer

MEMORANDUM

TO:                  (1) ____________________________

FROM:            (2) ____________________________

RE:                  Request for Reasonable Accommodation

DATE:            (3) ________________________

This is a request for reasonable accommodation under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).  If you are not the appropriate person to receive this request, please notify me immediately, and forward this letter on to the person who handles requests for reasonable accommodation. 

I am a person with a “disability” under state and federal laws.  [My condition is (4) _________________.]   As a result of my disability, I need a transfer. (5)  ____________________________.  I request a transfer to (6)                                                            .

According to the ADA and the federal Equal Employment Opportunity Commission (EEOC), a transfer to a vacant position is a form of reasonable accommodation.  See 42 U.S.C. § 12111(9)(B) and the section entitled “Reassignment” and corresponding examples in EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, both available at www.eeoc.gov.

Please let me know if you require reasonable medical documentation of my condition, or if you wish to propose alternative accommodations to those I have requested.  I am ready and willing to engage in the interactive process with you so that I may continue in my employment.

Thank you.

(1)  Name of Human Resources director, supervisor, program director, or another manager

(2)  Your name

(3)  Today’s date

(4)  Optional:  State the name or a description of your condition using language you feel comfortable with.

(5) Describe why you need a transfer because of your disability. For example, “My current assignment is exacerbating my rheumatoid arthritis” or “I am no longer able to perform my current job due to my disability.”

Note:  The employer is required to tell you about vacant positions for which you may be qualified. 

 (6) Describe the transfer that you are seeking, if you know.  The position must be vacant, and you must be qualified for it. 

Note:  If you need reassignment, and you are qualified for a vacant position, the employer is supposed to reassign you.  It is not sufficient for the employer to allow you to apply for the job and compete.  However, to protect your rights, you should complete any paperwork or application process your employer requests.