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Article Index » disability discrimination » reasonable accommodation » Seniority Provisions
Report Link Supreme Court Holds That Employers Generally Are Not Obligated To Accommodate Employees In A Manner That Violates Seniority Systems.
Thelen Reid & Priest LLP - May 15, 2002
In US Airways Inc. v. Barnett, a divided Supreme Court held that an employer's seniority system trumps its obligation under the Americans with Disabilities Act ("ADA") to allow a disabled employee to transfer to another position as a reasonable accommodation. Unfortunately, this decision does not provide clear guidance for employers.
Report Link U.S. Supreme Court Bolsters the Integrity of Seniority Systems in Disability Case.
McDermott, Will & Emery - May 01, 2002
Handing employers a mixed victory, the U.S. Supreme Court recently decided that there is a rebuttable presumption that a seniority system need not bend to a request by a disabled individual for a reasonable accommodation under the Americans with Disabilities Act (ADA). But the court held open the possibility that an exception might have to be made under particular circumstances.
Report Link Supreme Court Addresses Reasonable Accomodation Standard and Seniority Systems Under the ADA [PDF File].
Akin Gump Strauss Hauer & Feld, LLP. - April 01, 2002
In U.S. Airways v. Barnett, No. 00-1250, 535 U.S. ___ (Apr. 29, 2002), the Supreme Court addressed the potential conflict between a disabled worker seeking a specific position as a "reasonable accommodation" and co-workers with superior bidding rights to the position under an employer’s seniority system.

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