Huber v. Wal-Mart Stores, Inc.

Case Updates

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

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.