US Airways, Inc. v. Barnett

Background

Robert Barnett hurt his back while working for US Airways and used seniority to move into a less demanding mailroom job. When more senior employees planned to bid for that mailroom job, Barnett asked the airline to make an exception so he could remain. The airline let him stay for five months while it considered the request, then refused the exception and Barnett lost the job and sued under the Americans with Disabilities Act (ADA), saying the mailroom position was a reasonable accommodation of his disability.

Reasoning

The Court examined whether a requested reassignment that violates an employer’s seniority system is a “reasonable accommodation.” The ADA bars disability discrimination and says reasonable accommodations can include reassignment to a vacant position, unless the employer shows undue hardship. The Court held that, ordinarily, a requested reassignment that conflicts with a bona fide seniority system is not reasonable and supports summary judgment for the employer. However, the employee may avoid that result by producing evidence of special circumstances that would make an exception reasonable in that particular case. The Court therefore vacated the Ninth Circuit’s judgment and sent the case back for further proceedings under this rule.

Real world impact

Employers with established seniority systems can usually rely on those rules to resist reassignment claims at the summary-judgment stage. Disabled workers who seek to remain in or be reassigned to a position that would violate seniority must show particular facts that make an exception reasonable. The decision resolves a circuit split and sends the case back for more factfinding.

Dissents or concurrances

Several Justices wrote separately: Justice Stevens emphasized the interactive process and factual gaps; Justice O’Connor would focus on whether seniority is legally enforceable; Justices Scalia and Souter dissented on different statutory interpretations.