Equal Emp't Opportunity Comm'n v. United Airlines, Inc., No. 11-1774 (7th Cir. 2012)
Annotate this CaseIn 2003, the airline established guidelines that address accommodating employees who, because of disability, can no longer do essential functions of their current jobs, even with reasonable accommodation. The guidelines specify that the transfer process is competitive, so that an employee in need of accommodation will not be automatically placed into a vacant position, but will be given preference over similarly qualified applicants. The EEOC challenged the policy under the Americans with Disabilities Act, 42 U.S.C. 12101. The district court ruled in favor of the airline. The Seventh Circuit affirmed, rejecting an argument that the Supreme Court's 2002 ruling, U.S. Airways, Inc. v. Barnett, invalidated a prior holding that the ADA does not mandate reassignment.
The court issued a subsequent related opinion or order on September 7, 2012.
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