In its current term, the Court will consider the question of whether the Americans with Disabilities Act requires an employer to reassign a qualified disabled employee to a vacant, equivalent position as a reasonable accommodation, or that the employer merely permit the worker to apply and compete with other applicants for the position.  At issue is an Eighth Circuit decision in Huber v. Wal-Mart Stores, Inc. which held that "the ADA is not an affirmative action statute and does not require an employer to reassign a qualified disabled employee to a vacant position when such reassignment would violate a legitimate nondiscriminatory policy of the employer to hire the most qualified candidate."