Court To Rule On Wal-Mart Transfer Of Worker with Disabilities

ADA WATCH NEWS from the National Coalition for Disability Rights
Court To Rule On Wal-Mart Transfer Of Worker with Disabilities

By Mark H. Anderson, Dow Jones Newswires
WASHINGTON - In a case involving Wal-Mart Stores Inc. (WMT), the U.S. Supreme Court Friday said it will determine if a disabled employee, under federal disabilities law, gets preference over other employees for a vacant position even if they aren't the best qualified for the job.
The Wal-Mart case involves Pam Huber, a Wal-Mart warehouse worker in Clarksville, Ark., who injured her right arm and hand on the job. Huber worked as an order filler, a warehouse floor job pulling products from storage shelves, and requested a transfer to an open position as a router, a desk job.
Wal-Mart gave the position to a colleague with more seniority than Huber, however, and offered her a position at another company facility making significantly less money, court documents said.
Huber accepted the lesser-paying job and sued. A U.S. District Court ruled in favor of her. The 8th U.S. Circuit Court of Appeals in St. Louis in May 2007 reversed that holding and ruled for Wal-Mart.
Attorneys for Huber, in the high court appeal, said Equal Employment Opportunity Commission rules require employers to favor disabled employees under the Americans With Disabilities Act, a federal law on the rights of the disabled. "The Eighth Circuit not only disregarded the statutory text but also entirely ignored the EEOC's interpretation," the attorneys said, adding the ruling deepened a split on the issue in the federal appeals court circuits.
Wal-Mart, in court documents, said Huber's transfer was handled under standard company transfer policies where "vacant positions go to the most qualified applicant" and "Huber's disability had nothing to do with this decision."
Justice Stephen Breyer, who reported holding Wal-Mart stock in his most recent financial disclosure, recused himself from the case, opening the appeal up to a possible 4-4 tie.
The case is Huber v. Wal-Mart Stores, 07-480. Oral arguments will be held in the spring of 2008 and a decision is expected before July 2008.
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