United States Eighth Circuit

The Americans with Disabilities Act (ADA) is not an affirmative action statute and does not require an employer to reassign a qualified disabled employee to a vacant position when such a reassignment would violate a legitimate nondiscriminatory policy of the employer to hire the most qualified candidate.

Appellate Information

• Decided 05/30/2007
• Published 05/30/2007

Judges

• RILEY, Circuit Judge., Before WOLLMAN, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James F. Bennett, argued, St. Louis, MO (Timothy C. Mooney, Jr., St. Louis, MO, Scott Summers, Eva C. Madison, Rogers, AR, on brief) (Robin S. Conrad, Shane Brennan, Ann Elizabeth Reesman, laura Anne Giantris, Washington, DC, on the brief of amici curiae of the Equal Employment Advisory Council and the Chamber of Commerce of the United States of America), for appellant.


• For Appellees:
  
• Rebekah J. Kennedy, argued, Fort Smith, AR (C. Brian Meadors, on brief), for appellee.