WASHINGTON, Jan. 14 (UPI) -- The U.S. Supreme Court Monday declined to review the dismissal of an employment disability lawsuit against Wal-Mart Stores.
Citing a rule normally used when the two sides try to reach a settlement, the justices decided not to hear oral arguments on the Americans with Disabilities Act on whether a disabled employee should receive preference over other employees even if the other employees are more qualified, The Wall Street Journal reported Monday.
In the case, Pam Huber, a Wal-Mart warehouse worker in Clarksville, Ark., injured her right arm and hand on the job. She worked as an order filler, a warehouse floor job requiring removing products from storage shelves, and asked to be transferred to an open desk job as a router.
Wal-Mart gave the position to a colleague whom the company said had more seniority than Huber. She was offered a position at another company facility making less money than as an order filler, court documents said.
Huber accepted the lesser-paying job and sued. A U.S. District Court ruled in her favor but the Eighth U.S. Circuit Court of Appeals reversed, finding in favor of Wal-Mart.
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