Wal-Mart wins case over disabled worker

LITTLE ROCK — A federal appeals panel ruled Wednesday that Wal-Mart Stores Inc. did not discriminate against a worker when it reassigned her to a lower-paying maintenance job after she was injured.

The 8th U.S. Circuit Court of Appeals at St. Louis reversed a decision by a federal judge in western Arkansas, who had ruled in favor of employee Pam Huber.

Huber worked for a Wal-Mart in Clarksville as a dry grocery order filler, a job that paid $13 per hour. While on the job, Huber injured her right arm and hand and could no longer perform her duties, the court found. She asked to be reassigned to a position with the same hourly pay as her previous job, but Wal-Mart instead gave her a janitorial job that paid $6.20 per hour.

Huber sued under the Americans with Disabilities Act, arguing she was discriminated against and that she should have been assigned to the higher-paying job she requested.

Wal-Mart argued that it has a policy of hiring the most qualified applicant for each job and that it was not required to reassign Huber to the position she requested.

The 8th Circuit agreed with Wal-Mart, saying that the Americans with Disabilities Act requires that the Bentonville-based retailer allow Huber to compete for the new job but does not guarantee that she gets it.

Huber’s attorney, Brian Meadors, said he would “absolutely” appeal the decision.

“The 8th Circuit Court’s decision is directly opposite of the 10th Circuit decision on the same issue, so there’s a circuit split,” Meadors said.