QUALIFIED DOES NOT MEAN OVER-QUALIFIED: THE ADA'S ACCOMMODATION OF LAST RESORT SHOULD NOT BE A COMPETITION!

The article focuses on the failure of U.S. federal circuit courts in fulfilling the purpose of the Americans With Disabilities Act (ADA) in relation to reassignment to a vacant position as a reasonable accommodation. Topics discussed include the purpose of the ADA as stated by the U.S. Congress, the divide among circuit courts that led to the unequal treatment of disabled workers, the limited guidance from the U.S. Supreme Court, and the need for reassignment to be mandatory.