Texas court OK’s most qualified applicant policy

Employers with a policy that requires a vacant position to be filled by the most qualified applicant can now breathe more easily after the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) recently affirmed such a policy. You might be asking: Was this not always the case? The answer changed because of the Americans with Disabilities Act (ADA) and its mandate that an ADA-covered employee receive a reasonable accommodation to their disability.

Policy in question

Methodist Hospitals of Dallas had straightforward policy—only the most qualified applicant could fill a vacant position. Seems reasonable enough. But an employee at the hospital suffered from an ADA-covered disability, and the hospital was experiencing difficulty in accommodating her. The ADA provides that as far as reasonable accommodations go, reassignment is the option of last resort.

Hospital employee Adrianna Cook found herself in this dilemma. Her disability (issues with her back) made her unable to work in patient care. She applied for an open slot as a scheduling coordinator in the surgery department. Although she met the minimum qualifications for the position, the hiring manager selected another employee.

Now what?