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Assignment Questions

Analysis of Disability discrimination By Wal Mart

Disability Discrimination
Read the Huber V. WAlMart stores, inc United States Court of Appeals, 486 F.3d 480 (8th Cir. 2007) case
write a brief summary and answer the case questions.-

Provide a summary of the case and answer the case questions. The case summary should be thorough and demonstrate knowledge of the case facts and history. Answers to the questions must reference the facts and legal analysis from the case, and are required to conform to the APA Manual, 6th edition.

The case summary should analyze the following issues: the relationship between the parties involved in the case; the lower court decision(s); a short summary of the relevant facts and why the actions of each party resulted a lawsuit; a statement of the relevant law the appellate court discussed; the legal issue(s) that were decided; the reasoning used by the court when deciding the legal issues; and, your analysis of the decision.

Case questions:

1. Pam Huber sustatined a permanent injury while working for WAlMart 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, inculduing ?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?

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