U.S. Court of Appeals for the Eighth Circuit

Case Status


Docket Number


Oral Argument Date

December 12, 2006


Case Updates

Eighth Circuit addresses job reassignment under the ADA

May 30, 2007

The Eighth Circuit agreed with NCLC and reversed the district court's decision.

U.S. Chamber files amicus brief

July 26, 2006

NCLC urged the Eighth Circuit to reverse a district court holding requiring Wal-Mart to give preferential treatment to a disabled employee who could no longer perform the essential functions of her job. When the plaintiff could no longer perform the essential functions of her job, Wal-Mart did not automatically reassign her to an equivalent vacant position, but required her to compete with other candidates for the position pursuant to the company’s well-established practice of placing the most qualified candidate in each position. In its brief, NCLC argued that the Americans with Disabilities Act (ADA) does not supersede legitimate, non-discriminatory employer policies, including management’s right to choose the best candidates for open positions.

Case Documents