Under the Americans With Disabilities Act, it is well settled that “reassignment” to an open and available position must be considered as a possible “reasonable accommodation.” The 8th U.S. Circuit Court of Appeals significantly narrowed the scope of an employer’s “reassignment” obligation, by holding that the ADA requires only that an employer “consider” an accommodated employee for a position, but may bypass such an employee in favor of a more qualified candidate, while still fulfilling its obligations under the act.
In Huber v. Wal-Mart, Pam Huber worked as an order-filler when she suffered a permanent injury to her right arm and shoulder. The parties stipulated that Huber was disabled and that she could no longer perform the essential functions of her position.
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