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Jobs not guaranteed for disabled applicants; ADA accommodation decision may end up in Supreme Court.(News)(Americans with Disabilities Act)(Pam Huber vs. Wal-Mart Stores Inc.)
Business Insurance, June, 2007 by Greenwald, Judy
Byline: JUDY GREENWALD ST. LOUIS-The Americans with Disabilities Act does not require an employer to offer a vacant job to a disabled worker as an accommodation if a better qualified applicant is available, says a federal appellate court, ruling on an issue that attorneys say may ultimately end up in the U.S.
Supreme Court. The May 30 decision by the 8th U.S. Court of Appeals in St. Louis in Pam Huber vs. Wal-Mart Stores Inc. says Ms. Huber sustained a permanent injury to her right arm and hand while working for Bentonville, Ark.-based Wal-Mart as a dry grocery order filler. She sought reassignment to a router position as a reasonable accommodation under the ADA, says the opinion. But Wal-Mart required her to apply and compete for the position with other...
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