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EEOC v. Humiston-Keeling, Inc.

ADA did not require employer to reassign physically disabled warehouse worker to clerical position for which employer had more qualified applicants, so long as employer's genuine policy was to hire best applicant for given job rather than first qualified applicant.

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The full case caption appears at the end of this opinion.

Posner, Circuit Judge. The district courtgranted summary judgment for the defendant inthis suit by the EEOC under the Americans withDisabilities Act, 42 U.S.C. sec.sec. 12101 etseq. The Commission’s brief states the issue onappeal clearly though, as we shall see,incompletely: “whether the summary judgmentevidence, viewed most favorably to the EEOC,would permit a jury to find that Humiston-Keelingviolated the ADA by reassigning Nancy Cook Houserto a warehouse job that did not offer ameaningful equal employment opportunity, andrefusing to reassign her to an equivalent vacantclerical position that she was qualified toperform consistent with her physicallimitations.”

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