US Airways, Inc. v. Barnett, 535 U.S. 391 (2002) Sherrie Brown LSJ434/CHID 434 Winter 2007

FACTS Barnett, in his cargo-handling position, injured his back. Transferred to less physically demanding job in mailroom under seniority rights. Two years later, others with more seniority wanted to transfer into his job; he asked for an accommodation that would make an exception. US Airways decided no (after 5 months deliberation) and he lost job. Barnett sued, arguing that he had right under ADA to reasonable accommodation and the mailroom job was that. US Airways argues that seniority system trumps the accommodation. District Court said that because seniority system been in place for decades, it would cause undue hardship to alter the system. 9th Circuit Court of Appeals reversed—existence of seniority system is just one factor in the analysis.

ISSUE Do the interests of a disabled worker who seeks assignment to a particular position as a “reasonable accommodation,” trump the interests of other workers with superior rights to bid for the job under an employer’s seniority system? Or Does the ADA require an employer to reassign a disabled employee to a position as a reasonable accommodation even if another employee is entitled to it under bona fide and established seniority system?

HOLDING No. In most cases, the seniority rule will trump the request for reasonable accommodation. But it is a rebuttable presumption.

REASONING ADA does (or can) require preferences to achieve same workplace opportunities—i.e., reasonable accommodations. Seniority systems have long been awarded special consideration due to their importance in labor relations. An accommodation that conflicts with seniority rules is generally not reasonable, although Plaintiff can present evidence of special circumstances that make “reasonable” a variation of that rule. Nothing in the statute suggests otherwise and all courts have ruled this way under Section 504.

SIGNIFICANCE Bona Fide Seniority Systems will ordinarily trump any transfer accommodation request under Title I. In order for the accommodation to be reasonable and therefore required, plaintiff must show more than that the transfer will be effective—i.e., special circumstances exist. Special circumstances might be 1) cases where employer has right to change the system thereby reducing reliance by other employees or 2) when there is evidence that exceptions are often made to the system.