Sunday, July 7, 2013
On May 28, 2013, the U.S. Supreme Court declined to review whether an employer violates the Americans with Disabilities Act by allowing disabled employees unable to perform their current jobs to apply for reassignment to vacant jobs, but then choosing the best qualified candidate even if that means the disabled individual does not get the job (United Air Lines Inc. v. EEOC, U.S., No. 12-707, cert. denied 5/28/13).
The Seventh Circuit held that the ADA, as interpreted in US Airways Inc. v. Barnett, 535 U.S. 391, 12 AD Cases 1729 (2002), requires an employer to reassign a disabled employee to a vacant job for which he meets the minimum qualifications, absent a showing of undue hardship (693 F.3d 760(7th Cir. 2012)
The Supreme Court previously had granted review on the same issue, raised in Huber v. Wal-Mart Stores Inc., 486 F.3d 480 (8th Cir. 2007), but that case settled.