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US Airways, Inc. v. Barnett

Employer can deny disabled employee's request for special accommodation on lack-of-seniority grounds unless employee presents adequate evidence of special circumstances.

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535 U. S. ____ (2002)

On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit

The Americans with Disabilities Act of 1990 (ADA or Act), 104 Stat. 328, 42 U. S. C. �12101 et seq. (1994 ed. and Supp. V), prohibits an employer from discriminating against an “individual with a disability” who, with “reasonable accommodation,” can perform the essential functions of the job. ��12112(a) and (b) (1994 ed.). This case, arising in the context of summary judgment, asks us how the Act resolves a potential conflict between: (1) the interests of a disabled worker who seeks assignment to a particular position as a “reasonable accommodation,” and (2) the interests of other workers with superior rights to bid for the job under an employer’s seniority system. In such a case, does the accommodation demand trump the seniority system?

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