Agreeing with arguments put forth by NT Lakis lawyers in our “friend-of-the-court” brief, the U.S. Court of Appeals for the Eleventh Circuit has ruled that an employer did not violate its reasonable accommodation obligation under the Americans with Disabilities Act (ADA) by declining to give a preference in reassignment to an individual with a disability over more qualified candidates.
In so ruling in St. Joseph’s Hospital v. EEOC, No. 15-14551 (11th Cir. December 7, 2016), the appeals court categorically rejected arguments made by the Equal Employment Opportunity Commission (EEOC) that the ADA requires an employer to reassign a qualified individual with a disability if there is a vacant position available and no other accommodations are available, even if there are better qualified candidates vying for the same job.
According to the Eleventh Circuit, the ADA “is not an affirmative action statute” and “does not require disabled persons be given priority in hiring or reassignment over those who are not disabled.”
The Eleventh Circuit has now joined the Eighth Circuit in concluding that the ADA does not create a preference in reassignment to an individual with a disability. In contrast, two other appeals courts — the Seventh and Tenth Circuits — have issued rulings agreeing with the EEOC’s position. The widening circuit court split increases the likelihood that the issue will eventually have to be decided by the Supreme Court.
A copy of the Eleventh Circuit’s decision in St. Joseph’s is available here. A copy of our brief filed in the case is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.