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U.S. Supreme Court

Court to Consider Whether Disabled Employees Get Preference

Posted Dec 10, 2007 7:23 AM CDT
By Debra Cassens Weiss

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The U.S. Supreme Court has agreed to decide whether a worker who cannot perform her present job because of a disability should be given preference for an open position.

The suit by Pam Huber claims Wal-Mart should have given her a job as a router, which paid $12.50 an hour, after she became injured on the job and was no longer able to earn $13 an hour filling orders at a distribution center, the Washington Post reports.

Wal-Mart gave the router job to someone who was more qualified and offered Huber a job as a janitor paying $6.20 an hour.

The St. Louis-based 8th U.S. Circuit Court of Appeals ruled (PDF) for Wal-Mart, saying the company was required only to allow Huber to compete for the job. Federal appeals courts are split on the issue.

Huber’s lawyers claim the 8th Circuit ignored the text of the Americans With Disabilities Act along with rules by the Equal Employment Opportunity Commission that require employers to favor disabled employees, the Wall Street Journal reports (sub. req.).

The case is Huber v. Wal-Mart Stores. The LawMemo blog has posted the cert petition and other documents.

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