Supreme Court will hear Wal-Mart disability suit

December 8, 2007

disability-suit_N.htm

An employee who claims Wal-Mart Stores (WMT) discriminated against

her after she became disabled will have her case heard by the U.S.

Supreme Court.

The justices said Friday they will rule on a lawsuit by the

employee, Pam Huber, which centers on how far employers must go

under the Americans with Disabilities Act to accommodate disabled

employees.

Specifically, the dispute is whether Wal-Mart was required to

provide Huber with an equivalent job after she could no longer

perform her job due to disability, or whether the company simply had

to allow her to compete for an equivalent job.

Huber's lawyers argued in court filings that the federal appeals

courts have split on the issue, and they asked the justices to

resolve the split.

Huber was an order filler in a Wal-Mart distribution center in

sville, Ark., earning $13 an hour, when she was hurt in an on-

the-job accident. The company agreed she was disabled and no longer

able to perform her job.

Huber applied for a new job as a router, which paid $12.50 an hour,

but the job was awarded to another employee Wal-Mart considered more

qualified. Huber was offered a janitorial job that paid $6.20 an

hour, her lawyers say in court papers.

Huber sued in 2004, arguing that under ADA rules, she only had to be

qualified for the equivalent position, not the most qualified, and

she should have been reassigned to the router job.

Wal-Mart said in court papers that the job went to the most-

qualified candidate under a " standardized, legitimate, and non-

discriminatory " process allowed under ADA rules.

A federal court in Arkansas sided with Huber, but the 8th U.S.

Circuit Court of Appeals, in St. Louis, reversed and ruled in favor

of Wal-Mart.

The ADA " only requires Wal-Mart to allow Huber to compete for the

job, but the statute does not require Wal-Mart to turn away a

superior applicant, " the appeals court said.

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