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The ADA meets the seniority system in the Supreme Court. (Labor Law for Supervisors).(Americans with Disabilities Act)
Supervision, September, 2002 by Zachary, Mary-Kathryn
In this term of the United States Supreme Court, two employment policies met head-on and scattered the justices into several different camps. The case was US Airways v. Barnett, 122 S. Ct. 1516 (April 29, 2002).
The question was: How does the Americans with Disabilities Act (ADA) resolve a possible conflict between the interests of a disabled worker who wants to be assigned to a particular job as a reasonable accommodation for his disability and the interests of other workers with greater rights to bid for the job under a company seniority system? In such cases, as stated by Justice Breyer, does the accommodation request trump the seniority system or vice versa?
The plaintiff in the case was Robert Barnett. He had suffered a back injury in 1990...
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