In Huber V

question 27

Multiple Choice

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

• A) the EEOC's enforcement guidance that a disabled employee, who can no longer perform the essential functions of her own position, should be reassigned to a vacant position for which she is minimally qualified.
• B) the EEOC's enforcement guidance that a disabled employee, who can no longer perform the essential functions of her own position, should be reassigned to a vacant position only if she was the most qualified candidate for the vacant position.
• C) the Seventh Circuit's approach that ADA reassignment 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) the Tenth Circuit's approach that reassignment under the ADA results in automatically awarding a position to a qualified disabled employee regardless whether other better qualified applicants are available, and despite an employer's policy to hire the best applicant.

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Definitions:

Social Smile

A response by infants, usually beginning by about 8 weeks of age, in which they smile in reaction to other people, signaling pleasure and engagement.

Surprise

A sudden, unexpected event or piece of information that elicits a reaction ranging from shock to joy.

Restrained

Characterized by self-control or moderation in action, expression, or feeling.

Anger

A strong feeling of annoyance, displeasure, or hostility.