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In Huber V

Question 21

Multiple Choice

In Huber v.Wal-Mart Stores,Inc.,the U.S.Court of Appeals for the Eighth Circuit stated that it would follow the:


A) Equal Employment Opportunity Commission enforcement guidance that a disabled employee who can no longer perform the essential functions of his or her position should be reassigned to a vacant position for which he or she is minimally qualified.
B) Equal Employment Opportunity Commission enforcement guidance that employers are required to provide any possible accommodation requested by employees with disabilities to ensure that they become qualified for a job.
C) Seventh Circuit's approach that reassignment under the Americans with Disabilities Act does not require an employer to reassign a qualified disabled employee to a job for which there is a more qualified applicant, if the employer has a policy to hire the most qualified applicant.
D) Tenth Circuit's approach that reassignment under the Americans with Disabilities Act results in automatically awarding a position to a disabled employee regardless of whether other better-qualified applicants are available and despite an employer's policy to hire the best applicant.

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