Court Case Citation
Thomson Reuters. (2007, May 30). Huber v. Wal-Mart Stores, Inc. Retrieved on October 15, 2016 from http://caselaw.findlaw.com/us-8th-circuit/1289819.html
Twomey, D. P. (2013). Procedures and Remedies. In Labor & Employment Law: Text & Cases (Fifteenth ed.). Mason, Ohio: South-Western; Cengage Learning.
VersusLaw. (2007, Febuary 28). Zippittelli v. J.C. Penney Co. Retrieved on October 15, 2016 from http://pa.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20070228_0000245.MPA.htm/qx
Court Case Summary
In the law suit of Huber v. Wal-Mart Stores, Inc., Pam Huber was employed by Wal-Mart who suffered a permeant injury to her right arm, which lead to her not being capable of accomplishing the main responsibilities of her…show more content… In the end, the court discovered that Wal-Mart did not discriminate against Huber. The United States Court of Appeals sided with Wal-Mart, stating that Wal-Mart did not disrupt its obligation, under the ADA, to deliver a practical modification to Ms. Huber. I believe that Huber’s disability had nothing to do with the fact that she was not offered the router position because she was not the most qualified candidate. The company chose to hire the most qualified candidate to abide by policies, and it makes perfect sense. Most employers require applicants to apply for higher positions before they just decide to promote somebody. They want to hire the most qualified and experienced employee. However, I do not think she was treated fairly either because she was given a job paying way less than what she made just because she got injured on the job. They should have given her more options or more money because it was not her fault that she got injured on the job. Wal-Mart should keep her at the same amount of pay in my opinion. Under the EEOC, the employee does not have to be the most qualified employee for the position in order to be reassigned. Wal-Mart relocated Huber to a wretchedly lower position with a way lower pay, and it should not have happened this way. It was unfair, and
