Huber Vs. Wal-Mart Case
Essay by gfigueroa19 • February 21, 2015 • Case Study • 382 Words (2 Pages) • 2,011 Views
Huber v. Wal-Mart Stores, Inc.
United States Court of Appeals, 486 F.3D 480(8th CIR. 2007).
Pamela Huber worked at Walmart-Mart, she wasn't able to perform her essential functions because a disability. However, she could perform other jobs duties at the Company. Walmart-Mart requires filling vacant positions with the highest qualified applicant. In this case, according to Wal-Mart, Huber was not the most qualified applicant for the job. Wal-Mart filled the position with a nondisabled applicant for the router position. Huber's disability didn't have anything to do with this decision. Huber was place at another position, a janitorial position earning less money than before. The main issues in this case was if Wal-Mart was required to give the vacant position to Huber even though the other applicant was more qualified under Wal-Mart's nondiscriminatory policy. At the end the court found that Wal-Mart did not discriminate against Huber.
I think that Huber's disability didn't have anything to do with the fact that she wasn't reassigned for the router position because she wasn't the most qualified candidate; the company chose to hire the more qualified applicant which is one of their policies. However, I don't think that she was treated fairly either in her reassignment because she was given a lesser job paying less than half of what she made before becoming injured on the job.
Like I said before, I don't think that she was treated fairly either in her reassignment because she was given a lesser job paying less than half of what she made before becoming injured on the job. In my opinion, at least Wal-Mart should leave her with the same pay, because she was injured on her job even though they had to reassign her.
The EEOC's position is that the employee doesn't have to be the best qualified employee for the position in order to be reassigned. In this case Wal-Mart reassigned the Huber to a miserable lower position, with a lower pay and it should not have happened that way because additionally of been unfair, she wasn't the most qualified but Huber was qualified to be reassigned to a position that paid the same as her position she had before the working injury.
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