In a significant decision on 4/29/02, the U.S. Supreme Court, in U.S. Airways, Inc. v. Barnett, refused to disturb an employer''s seniority system in order to provide an accommodation for a disabled employee. The Court did, however, leave open for future cases, the possibility of "special circumstances" which may force an employer to accommodate a disabled employee despite violation of a seniority system.

Barnett injured his back at work, while working as a cargo handler. He transferred to a less physically demanding job in the mailroom. U.S. Airways had a bidding process for jobs, based on seniority, and employees senior to Barnett planned to bid on the mailroom job and bump Barnett out. The seniority system at issue was not collectively bargained, apparently, but instead a system imposed by management. Barnett requested a reasonable accommodation for his disability, to allow him to remain in the mailroom job despite the seniority system, but U.S. Airways refused to let him remain in the position. Barnett filed an Americans With Disabilities Act (ADA) claim.

One of the arguments that U.S. Airways put forth, was that to make exceptions to the seniority rules would grant "preference" to disabled individuals, while the ADA only seeks to provide equal opportunity for disabled employees. The Court rejected this argument, stating that: "By definition any special ''accommodation'' requires the employer to treat an employee with a disability differently, i.e. preferentially." Yes, the U.S.

Supreme Court confirmed that a "seniority system will prevail in the run of cases." Essentially, the employee will receive the presumption that if the requested accommodation conflicts with the seniority system, the accommodation is not "reasonable." If the employee shows "special circumstances," he or she may be able to show the accommodation is "reasonable" in that particular case.

The Court provided examples of "special circumstances" the employee might show to overcome a seniority system presumption, including a circumstance where "the employer, having retained the right to change the seniority system unilaterally, exercises that right fairly frequently, reducing employee expectations that the system will be followed - to the point where one more departure, needed to accommodate an individual with a disability, will not likely make a difference."

Ultimately, the Court remanded the case for further proceedings, answering the main issue presented by holding that "ordinarily the ADA does not require that assignment [to a position which another employee is entitled to by virtue of a seniority system]."

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