HUBER v. WAL-MART STORES, INC.

No. 06-2238.

486 F.3d 480 (2007)

Pam HUBER, Appellee, v. WAL-MART STORES, INC., Appellant. Equal Employment Advisory Council; National Chamber Litigation Center, Amici on behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 30, 2007.


Attorney(s) appearing for the Case

James F. Bennett, argued, St. Louis, MO (Timothy C. Mooney, Jr., St. Louis, MO, Scott Summers, Eva C. Madison, Rogers, AR, on brief) (Robin S. Conrad, Shane Brennan, Ann Elizabeth Reesman, laura Anne Giantris, Washington, DC, on the brief of amici curiae of the Equal Employment Advisory Council and the Chamber of Commerce of the United States of America), for appellant.

Rebekah J. Kennedy, argued, Fort Smith, AR (C. Brian Meadors, on brief), for appellee.

Before WOLLMAN, BEAM, and RILEY, Circuit Judges.


RILEY, Circuit Judge.

We are faced with an unanswered question: whether an employer who has an established policy to fill vacant job positions with the most qualified applicant is required to reassign a qualified disabled employee to a vacant position, although the disabled employee is not the most qualified applicant for the position. Pam Huber (Huber) brought an action against Wal-Mart Stores, Inc. (Wal-Mart), claiming discrimination under the Americans with Disabilities...

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