The employee must be qualified for the reemployment position. The employer must make reasonable efforts to help the employee become qualified to perform the duties of this position. The employer is not required to reemploy the employee on his or her return from service if he or she cannot, after reasonable efforts by the employer, qualify for the appropriate reemployment position.
(a)(1) “Qualified” means that the employee has the ability to perform the essential tasks of the position. The employee's inability to perform one or more non-essential tasks of a position does not make him or her unqualified.
(2) Whether a task is essential depends on several factors, and these factors include but are not limited to:
(i) The employer's judgment as to which functions are essential;
(ii) Written job descriptions developed before the hiring process begins;
(iii) The amount of time on the job spent performing the function;
(iv) The consequences of not requiring the individual to perform the function;
(v) The terms of a collective bargaining agreement;
(vi) The work experience of past incumbents in the job; and/or
(vii) The current work experience of incumbents in similar jobs.
(b) Only after the employer makes reasonable efforts, as defined in § 1002.5(i), may it determine that the employee is not qualified for the reemployment position. These reasonable efforts must be made at no cost to the employee.
Notes of Decisions
Samuel Scudder v. Dolgencorp, 900 F.3d 1000 (8th Cir. 2018).
“See 20 C.F.R. § 1002.198 (b) ("Only after the employer makes reasonable efforts .”
Huff v. Winston, 790 S.E.2d 226 (Va. 2016).
· cites it 4× “" 20 C.F.R. §§ 1002.198 & 1002.226. 7 Thus, the implementing regulations make clear that the employer must consider a service member's disability and whether "reasonable efforts" could accommodate such disability while determining whether to reemploy the returning service member…”
Bennett v. Dallas Indep. Sch. Dist., 936 F. Supp. 2d 767 (N.D. Tex. 2013).
“” 20 C.F.R. § 1002.198 (a)(1) (2013). In determining what is an essential task, considerations include “[t]he employer’s judgment as to which functions are essential” and “[w]ritten job descriptions developed before the hiring process begins.”
Munoz v. InGenesis STGI Partners, LLC, 182 F. Supp. 3d 1097 (S.D. Cal. 2016).
· cites it 2× “” 20 C.F.R. § 1002.198 , Defendants provide no evidence that Plaintiff was unable to perform the essential tasks of her position as a medical technician, and instead assert only that the Navy did not want her in the position because of her purportedly excessive LWOP, 11 .”
United States v. Nevada, 817 F. Supp. 2d 1230 (D. Nev. 2011).
“§ 4303(9) (defining "qualified” as "having the ability to perform the essential tasks of the position”); 20 C.F.R. § 1002.198 (a)(1) (providing that ”[t]he employer’s judgment” is relevant in determining the essential tasks of a position).”
Gipson v. Cochran, 90 F. Supp. 3d 1285 (S.D. Ala. 2015).
“at (B); 20 C.F.R. § 1002.198 ; 20 C.F.R. § 1002.196 (a).”
Strong v. City of Chicago Fire Dep't (N.D. Ill. 2020).
“” 20 C.F.R. § 1002.198 . “Reasonable efforts” means “actions, including training provided by an employer, that do not place an undue hardship on the employer.”
Washington v. Cook Cnty. (N.D. Ill. 2025).
“See 20 C.F.R. § 1002.198 . Both parties seemed to recognize that the accommodations weren’t successful because they couldn’t change those basic responsibilities.”
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