Seventeen years after it was passed, the Americans With Disabilities Act continues to generate litigation over fundamental questions it left unresolved. One involves the requirements for providing a reasonable accommodation to a disabled worker. In this case, the plaintiff became disabled and could no longer perform the essential elements of her job. She sought another vacant job, and her employer considered her application equally with other candidates. Since others were better qualified, she did not get the transfer, but instead was given a less favorable job.
The Eighth Circuit ruled that the employer's procedure treated candidates equally, and that the plaintiff was not entitled to the vacant job when that reassignment would violate a legitimate nondiscriminatory policy of the employer to hire the most qualified candidate.
The company provided a reasonable accommodation to the plaintiff by finding her another job. It may not have been the best alternative for her, but the law only requires a reasonable accommodation.
The Supreme Court initially agreed to hear this appeal, but the parties settled and the case was dismissed without a ruling.