Historically, authorities like the U.S. Equal Employment Opportunity Commission have viewed reassignment as a last resort under the ADA only to be considered if no other effective accommodations are possible. However, a recent case before the 4th Circuit challenged this notion. The court ruled that an employee, despite being placed on indefinite unpaid leave by his employer Orkin, should have been considered for reassignment to a lower position that he was capable of performing.

The 4th Circuit faulted Orkin for failing to engage in an interactive process with the employee regarding possible light-duty reassignment, highlighting the importance of employers actively participating in accommodation discussions. This decision adds to the ongoing debate on the reasonableness of reassignment and unpaid leave as ADA accommodations, showing the varying positions taken by different courts in similar cases.