Federal disability legislation also protects employers

Kathy Speaker MacNett heads the labor and employment law group of the Harrisburg office of Buchanan Ingersoll.

A Pennsylvania federal court recently reaffirmed that under the Americans with Disabilities Act, employers do not have to create a new or light-duty position for a disabled employee or promote the individual into a vacant position.

Rochelle Sweet worked as an office clerical assistant at Bell Atlantic's central mail distribution facility in Norristown, a lengthy commute from his home in Reading. In 1992, he injured his back while pulling heavy bags of mail off a pallet and was restricted to light duty. He was diagnosed with two herniated discs and took a medical …