1. Are you more persuaded by the analysis of the Tenth Circuit or the Seventh and Eighth (current case)?
2. Does this case represent a clear win for the employer? What guidance would you give an employer after the holding in this case? What policies might be most effective?
3. What implications might this case have for determining the reasonableness of other forms of accommodation?

We are faced with an unanswered question: whether an employer who has an established policy to fill vacant job positions with the most qualified applicant is required to reassign a qualified disabled employee to a vacant position, although the disabled employee is not the most qualified applicant for the position.