1. Pam Huber sustained a permanent injury while working for Wal-Mart and could no longer perform her order filler job. The parties agreed that she was qualified for the vacant router position, possessing the required skill, education, experience, and training. The ADA requires reasonable accommodation, including “reassignment to a vacant position.” Do you believe the quoted reassignment language means something more than allowing her to compete equally with all other candidates for this vacant position? Explain.
2. Comment on the court’s statement “Wal-Mart reasonably accommodated Huber’s disability by placing Huber in a maintenance associate position.”
3. Read the introductory text for the EEOC’s position. What is your view of this position?

[Pam Huber worked for Wal-Mart as a dry grocery order filler earning $13.00 per hour, including a $0.50 shift differential. While working for Wal-Mart, Huber sustained a permanent injury to her right arm and hand. As a result, she could no longer perform the essential functions of the order filler job. The parties stipulated that Huber's injury is a disability under the ADA. Because of her disability, Huber sought, as a reasonable accommodation, reassignment to a router position, which the parties stipulated was a vacant and equivalent position under the ADA. Wal-Mart, however, did not agree to reassign Huber automatically to the router position. Instead, pursuant to its policy of hiring the most qualified applicant for the position, Wal-Mart required Huber to apply and compete with other applicants for the router position. Ultimately, Wal-Mart filled the job with a nondisabled applicant and denied Huber the router position. Wal-Mart indicated that although Huber was qualified with or without an accommodation to perform the duties of the router position, she was not the most qualified candidate. The parties stipulated that the individual hired for the router position was the most qualified candidate. Wal-Mart later placed Huber at another facility in a maintenance associate position (janitorial position), which paid $6.20 per hour. Huber continues to work in that position and now earns $7.97 per hour.
Huber filed suit under the ADA, arguing that she should have been reassigned to the router position as a reasonable accommodation for her disability. Wal Mart filed a motion for summary judgment, contending that it had a legitimate nondiscriminatory policy of hiring the most qualified applicant for all job vacancies and was not required to reassign Huber to the router position. Huber filed a cross-motion for summary judgment, and the district court granted Huber's motion. Wal-Mart appealed.]
RILEY, C. J….
To make a prima facie case in a reasonable accommodation claim under the ADA, the plaintiff must show she (1) has a disability within the meaning of the ADA, (2) is a qualified individual, and (3) suffered an adverse employment action as a result of the disability. To be a qualified individual within the meaning of the ADA, an employee must (1) possess the requisite skill, education, experience, and training for her position; and (2) be able to perform the essential job functions, with or without a reasonable accommodation.
Here, the parties do not dispute Huber (1) has a disability under the ADA, (2) suffered an adverse employment action, or (3) possessed the requisite skills for the router position. The parties' only dispute is whether the ADA requires an employer, as a reasonable accommodation, to give a current disabled employee preference in filling a vacant position when the employee is able to perform the job duties, but is not the most qualified candidate.
The ADA states the scope of reasonable accommodation may include:
[J]ob restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.