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Supreme Court will decide ADA accommodation case
December 08, 2007 by Ross Runkel at LawMemo
Huber v. Wal-Mart Stores, Inc (certiorari granted 12/07/2007) [Details, briefs]
Decision below: Huber v. Wal-Mart Stores, Inc (8th Cir 05/30/2007)
Pam Huber had worked as an order-filler until she became disabled. She sought, as a reasonable accommodation, reassignment to a router position which was vacant and for which she was qualified. The employer did not automatically reassign her to the router position, but required her to apply and compete with other applicants. The employer filled the router position with a non-disabled person who was the most qualified applicant, and placed Huber in a less desirable janitorial position.
Huber sued under the Americans with Disabilities Act (ADA); the trail court granted summary judgment for Huber; the 8th Circuit reversed; the US Supreme Court granted certiorari to review the 8th Circuit judgment. Oral argument probably will be scheduled for March 2008.
Huber's position is that the employer should have automatically reassigned her to the router position without requiring her to compete with other applicants.
The employer's position is that it has a nondiscriminatory policy of hiring the most qualified applicant, and that giving the router position to the most qualified applicant does not violate the ADA.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
