Jonathan R. Mook, attorney, founding partner with DiMuroGinsberg, P.C., and author of Americans with Disabilities Act: Employee Rights and Employer Obligations and Americans with Disabilities Act: Public Accommodations and Commercial Facilities, examines the Eighth Circuit case of Huber v. Wal-Mart Stores, as well as the relevant statutory and case law background.
The issue in this case is whether the Americans with Disabilities Act (ADA) requires an employer to reassign a disabled employee to a vacant equivalent position for which the employee is qualified, or merely requires the employer to allow the employee to apply and compete with other applicants for a vacant position. Although the Huber case was settled and dismissed before the U.S. Supreme Court had a chance to resolve the split in the circuits, the issue in this case is likely to come before the Court again. At that time, Mr. Mook foresees that the Supreme Court will hold that the
ADA does not require giving a disabled employee a preference in reassignment to a vacant position.
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