Common use of Inability to Accept a Position Clause in Contracts

Inability to Accept a Position. If an employee with a disability, as defined in the Americans With Disabilities Act of 1990 and the ADA Amendments Act of 2008, is ineligible to bump or accept reinstatement or recall because of the inability, with or without a reasonable accommodation, to perform the essential functions of the job to which the employee is reinstated or recalled or to which the employee elects to bump, the employee will be placed on the recall list without prejudice to the employee’s right of recall provided above.

Inability to Accept a Position. If an employee with a disability, as defined in the Americans With Disabilities Act of 1990 and the ADA Amendments Act of 2008, is ineligible to bump or accept reinstatement or recall because of the inability, with or without a reasonable accommodation, to perform the essential functions of the job to which the employee is reinstated or recalled or to which the employee elects to bump, the employee will be placed on the recall list without prejudice to the employee’s right of recall provided above.

Inability to Accept a Position. If an employee with a disability, as defined in the Americans With Disabilities Act of 1990 and the ADA Amendments Act of 20081990, is ineligible to bump or accept reinstatement or recall because of the inability, with or without a reasonable accommodation, to perform the essential functions of the job to which the employee is reinstated or recalled or to which the employee elects to bump, the employee will be placed on the recall list without prejudice to the employee’s right of recall provided above.