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EEOC v. United Airlines Inc. (7th Cir. 2012)

Articles Discussing Case:

Seventh Circuit Alters the ADA Landscape by Reversing Its Precedent on Job Reassignment

Phelps Dunbar LLP • September 18, 2012
In EEOC v. United Airlines, Inc., No. 11-1774, 2012 WL 3871503 (7th Cir. Sept. 7, 2012), the United States Court of Appeals for the Seventh Circuit held that the Americans with Disabilities Act ("ADA") requires as a reasonable accommodation that employers reassign disabled employees to vacant positions for which they are at least minimally qualified, absent a particularized showing of undue hardship. In doing so, the court overruled its prior decision in EEOC v. Humiston-Keeling, 227 F.3d 1024 (7th Cir. 2000), which held that an employer was not required to reassign a disabled employee to a vacant position for which there was a better candidate, provided that the employer had a "consistent and honest policy" of hiring the best candidate for the job.
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