Seventh Circuit: Reassignment Of Disabled Workers Is Not Required

The Corporate Counselor

The United States Court of Appeals for the Seventh Circuit recently ruled in EEOC v. United Airlines, Inc., No. 11-1774 (March 7, 2012) that the Americans with Disabilities Act (ADA) does not require employers to reassign disabled employees to vacant positions for which they are qualified if better qualified candidates apply and it is the employer's "consistent and honest" policy to hire the best qualified applicant. This decision was in keeping with prior Seventh Circuit precedent in cases like EEOC v. Humiston-Keeling, 227 F.3d 1024 (7th Cir. 2000). The issue has split the federal appeals courts, with the Tenth and District of Columbia (D.C.) Circuits holding that the ADA requires reassignment; the First, Third, Fifth and Federal Circuits holding that reassignment may be required if the employee shows "special circumstances"; and the Eighth Circuit simply holding that reassignment is not required.