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Can an employer have a categorical policy of hiring the most qualified candidate when a qualified disabled employee requests reassignment to a vacant role, even if he or she is not the most qualified applicant? The U.S. Equal Employment Opportunity Commission says no.
But the EEOC doesn’t wear the black robe and bang the gavel.
So, let’s see what the Chief Judge and two Circuit Judges in the Fifth Circuit Court of Appeals had to say in this opinion.
The underlying facts involved a hospital employee who suffered a back injury at work. The Fifth Circuit described a rather