Assume you are an employer. You have an employee who becomes disabled and can no longer continue in his or her current position, even with an accommodation. Another job becomes vacant. The disabled employee is qualified for this job, but you would prefer to transfer a non-disabled employee whom you believe to be more qualified. What can you do? Are you obligated to transfer a disabled employee who can no longer perform his or her current job duties? If so, must you give the vacant job to the qualified disabled employee even if there is a more qualified non-disabled employee you would rather transfer to that job? With the Americans with Disabilities Act of 1990 (" ADA"),'Congress hoped to break down unnecessary barriers to the employment of qualified individuals with disabilities. 2 Congress concluded that state

* John Murray is an attorney with Davis & Kuelthau, SC, in Milwaukee, Wisconsin, where he practices on the firm's Employment Litigation Team. Mr. Murray represents employers in all aspects of employment litigation in state and federal court and before state and federal administrative agencies. He also advises employers on compliance issues relating to state and federal employment laws. Chris Murray is a law student at the University of Iowa College of Law. He will graduate in May 2001. The authors wish to thank Joy Burkholder and Shelly Ranus for their support and assistance. 1. 42 USC § 12101 et. seq.(1999). 2. The Senate Committee on Education and Human Resources found: