Does the ADA require employers to override their seniority systems?
The Court heard arguments on December 4, 2001 in US Airways v. Barnett – the second of three ADA cases the Court will decide this term. Barnett sued under the ADA claiming, among other things, that his employer refused to accommodate his disability. The trial court granted summary judgment for the employer, and the Ninth Circuit reversed on appeal. Barnett v. US Air, Inc., 228 F.3d 1105 (9th Cir. 2000). The case involves an airline employee (Barnett) who suffered a work-related back injury and used the airline’s seniority system for job assignments to transfer from his position as a cargo handler to a position in the mail room. When Barnett learned that more senior employees planned to transfer to the mail room, thereby “bumping him out” to a cargo job he was medically unable to perform, he asked the company if he could remain in the mail room as a “reasonable accommodation” for his disability. US Airways denied this request, and Barnett was placed on medical leave with reduced pay. Ba
Related Questions
- Does the ADA require employers to modify attendance policies as a reasonable accommodation, absent undue hardship?
- Does the ADA require that employers exempt an employee with a disability from time and attendance requirements?
- Does the ADA Require Employers to Offer Reasonable Accommodation to Disabled Employees Who Don Request Them?
