SEPTEMBER 2025 | 13 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. How Is ‘Light Duty’ Different From a ‘Reasonable Accommodation’? Under the AWCA, an employer can provide an employee who cannot perform their regular job a “light duty” position.39 Light duty generally refers to tasks an injured employee can perform, despite physical restrictions resulting from a work-related injury. The availability and offer of light duty can impact the employee’s eligibility for temporary total disability (TTD) benefits.40 Under the ADA, a “light duty” position may not be considered a reasonable accommodation, as it is a job that was created specifically for workers’ compensation injuries. An employer is not required to create a job for an employee as an accommodation.41 The employee can also be placed on TTD for a period of time that would not be considered a reasonable accommodation under the ADA.42 After the employee reaches maximum medical improvement under the AWCA43 and receives a disability rating, some employers will not return the employee to work with restrictions, as given in their workers’ compensation case. While this may be allowed under the workers’ compensation statutes, it is not allowed under the ADA without the required “interactive discussion.” Furthermore, the 10th Circuit case law specifies a reasonable accommodation to include transferring the employee to an open position that is not a promotion.44 With few exceptions, such as a bona fide seniority system or a union contract,45 it is the employer’s duty to find the employee an open position and transfer the employee to it without the necessity for the employee to apply for the position.46 Some employers may tell employees they should search for open positions and apply for them, and it is up to the hiring official whether they get the job.47 Except for the limited exceptions noted above, it is my opinion that this policy violates the ADA. THE OKLAHOMA ANTIDISCRIMINATION ACT Oklahoma basically recognizes the same types of discrimination recognized in federal law.48 While the ADA only covers employers with at least 15 employees,49 the Oklahoma Anti-Discrimination Act (OADA) covers employers with only one employee.50 Generally, if the employer has over 15 employees (20 employees for an age discrimination violation), the employee can file either with the Equal Employment Opportunity Commission (EEOC) or the Oklahoma Office of Civil Rights Enforcement (OCRE). Under the OADA, however, the charge must be filed within 180 days.51 Because the OCRE and the EEOC have a work-sharing agreement, the charge for violation of federal law must be filed within 300 days.52 If the charge is filed under state law and the employer is an Oklahoma political subdivision, a tort claim under the Oklahoma Governmental Tort Claims Act must be filed.53 RELEVANT FILING DEADLINES As noted previously, an employee has either 180 days to file a charge if the employer has fewer than 15 employees or 300 days if the employer has over that amount, and these administrative filings must be exhausted prior to filing in court. Under both the ADA and the OADA, exhaustion of administrative remedies is required, and the EEOC (or the OCRE) must issue a notice of right to sue before a lawsuit can be filed.54 However, another statute also regulates disability discrimination in employment – Section 504 of the Rehabilitation Act of 1973. This statute covers any employer that receives federal funds, no matter how many employees the employer has.55 Section 504 in Oklahoma has a two-year statute of limitations.56 Further, Section 504 does not require any administrative exhaustion, so employees are not required to file a charge with the EEOC.57 Bottom line, employers are required to accommodate employees with disabilities unless they can show undue hardship. Therefore, every employee injured, whether on or off the job, is likely to be covered by at least one of these statutes. CONCLUSION Employment law is a complex and dynamic field that intersects with many other areas of legal practice. By understanding the basics, non-employment law attorneys can better serve their clients and identify potential legal issues. However, given the intricacies of employment law, seeking specialized advice when needed is always advisable. This ensures that clients receive the most accurate and effective legal guidance. ABOUT THE AUTHOR Patricia A. Podolec practices employment law, representing employees. She is certified as a senior professional in human resources by the Human Resource Certification Institute. Prior to attending law school, Ms. Podolec worked in human resources. She is also a member of the Federal
RkJQdWJsaXNoZXIy OTk3MQ==