Last month, I reported that the U.S. Supreme Court had agreed to hear the case of Huber v. Wal-Mart, to decide whether disabled employees must be reassigned to a vacant position for which they are qualified or merely be permitted to apply for such a position.
Yesterday, however, the U.S. Supreme Court agreed to dismiss the matter because the parties had reached a settlement.
Multiple blogs have commented on it including the Ohio Employer’s Law Blog, and SCOTUS Blog. A few news articles also have provided coverage, including this blurb from Bloomberg, which indicated that the case settled on Friday for undisclosed and confidential terms.
It’s unfortunate that we won’t have any guidance from the Supreme Court on this subject but I would expect the Court to find a case with similar facts to take up in the upcoming months. (I would also expect other attorneys with similar cases to file their petitions with the court shortly.) In the meantime, employers will be left to struggle with the question and risk second-guessing before we receive further guidance from the court.