US Airways, Inc. v. Barnett

122 S. Ct. 1516, 152 L. Ed. 2d 589, 15 Fla. L. Weekly Fed. S 225, 535 U.S. 391, 70 U.S.L.W. 4285, 67 Cal. Comp. Cases 424, 2002 U.S. LEXIS 3034, 2002 Daily Journal DAR 4636, 12 Am. Disabilities Cas. (BNA) 1729
CourtSupreme Court of the United States
DecidedApril 29, 2002
Docket00-1250
StatusPublished
Cited by805 cases

This text of 122 S. Ct. 1516 (US Airways, Inc. v. Barnett) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
US Airways, Inc. v. Barnett, 122 S. Ct. 1516, 152 L. Ed. 2d 589, 15 Fla. L. Weekly Fed. S 225, 535 U.S. 391, 70 U.S.L.W. 4285, 67 Cal. Comp. Cases 424, 2002 U.S. LEXIS 3034, 2002 Daily Journal DAR 4636, 12 Am. Disabilities Cas. (BNA) 1729 (U.S. 2002).

Opinions

Justice Breyer

delivered the opinion of the Court.

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 em[394]*394ployer’s seniority system. In such a case, does the accommodation demand trump the seniority system?

In our view, the seniority system will prevail in the run of cases. As we interpret the statute, to show that a requested accommodation conflicts with the rules of a seniority system is ordinarily to show that the accommodation is not “reasonable.” Hence such a showing will entitle an employer/defendant to summary judgment on the question— unless there is more. The plaintiff remains free to present evidence of special circumstances that make “reasonable” a seniority rule exception in the particular case. And such a showing will defeat the employer’s demand for summary judgment. Fed. Rule Civ. Proc. 56(e).

I

In 1990, Robert Barnett, the plaintiff and respondent here, injured his back while working in a cargo-handling position at petitioner US Airways, Inc. He invoked seniority rights and transferred to a less physically demanding mailroom position. Under US Airways’ seniority system, that position, like others, periodically became open to seniority-based employee bidding. In 1992, Barnett learned that at least two employees senior to him intended to bid for the mailroom job. He asked US Airways to accommodate his disability-imposed limitations by making an exception that would allow him to remain in the mailroom. After permitting Barnett to continue his mailroom work for five months while it considered the matter, US Airways eventually decided not to make an exception. And Barnett lost his job.

Barnett then brought this ADA suit claiming, among other things, that he was an “individual with a disability” capable of performing the essential functions of the mail-room job, that the mailroom job amounted to a “reasonable accommodation” of his disability, and that US Airways, in refusing to assign him the job, unlawfully discriminated [395]*395against him. US Airways moved for summary judgment. It supported its motion with appropriate affidavits, Fed. Rule Civ. Proc. 56, contending that its “well-established” seniority system granted other employees the right to obtain the mailroom position.

The District Court found that the undisputed facts about seniority warranted summary judgment in US Airways’ favor. The Act says that an employer who fails to make “reasonable accommodations to the known physical or mental limitations of an [employee] with a disability” discriminates “unless” the employer “can demonstrate that the accommodation would impose an undue hardship on the operation of [its] business.” 42 U. S. C. § 12112(b)(5)(A) (emphasis added). The court said:.

“[T]he uncontroverted evidence shows that the USAir seniority system has been in place for ‘decades’ and governs over 14,000 USAir Agents. Moreover,. seniority policies such as the one at issue in this case are common to the airline industry. Given this context, it seems clear that the USAir employees were justified in relying upon the policy. As such, any significant alteration of that policy would result in undue hardship to both the company and its non-disabled employees.” App. to Pet. for Cert. 96a.

An en banc panel of the United States Court of Appeals for the Ninth Circuit reversed. It said that the presence of a seniority system is merely “a factor in the undue hardship analysis.” 228 F. 3d 1105, 1120 (2000). And it held that “[a] case-by-case fact intensive analysis is required to determine whether any particular reassignment would constitute an undue hardship to the employer.” Ibid.

US Airways petitioned for certiorari, asking us to decide whether

“the [ADA] requires an employer to reassign a disabled employee to a position as a ‘reasonable accommodation’ [396]*396even though another employee is entitled to hold the position under the employer’s bona fide and established seniority system.” Brief for Petitioner i.

The Circuits have reached different conclusions about the legal significance of a seniority system. Compare 228 F. 3d, at 1120, with EEOC v. Sara Lee Corp., 237 F. 3d 349, 354 (CA4 2001). We agreed to answer US Airways’ question.

II

In answering the question presented, we must consider the following statutory provisions. First, the ADA says that an employer may not “discriminate against a qualified individual with a disability.” 42 U. S. C. § 12112(a). Second, the ADA says that a “qualified” individual includes “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of” the relevant “employment position.” §12111(8) (emphasis added). Third, the ADA says that “discrimination” includes an employer’s “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified . . . employee, unless [the employer] can demonstrate that the accommodation would impose an undue hardship on the operation of [its] business.” § 12112(b)(5)(A) (emphasis added). Fourth, the ADA says that the term “ ‘reasonable accommodation’ may include . . . reassignment to a vacant position.” § 12111(9)(B).

The parties interpret this statutory language as applied to seniority systems in radically different ways. In US Airways’ view, the fact that an accommodation would violate the rules of a seniority system always shows that the accommodation is not a “reasonable” one. In Barnett’s polar opposite view, a seniority system violation never shows that an accommodation sought is not a “reasonable” one. Barnett concedes that a violation of seniority rules might help to show that the accommodation will work “undue” employer “hardship,” but that is a matter for an employer to demonstrate [397]*397case by case. We shall initially consider the parties’ main legal arguments in support of these conflicting positions.

A

US Airways’ claim that a seniority system virtually always trumps a conflicting accommodation demand rests primarily upon its view of how the Act treats workplace “preferences.” Insofar as a requested accommodation violates a disability-neutral workplace rule, such as a seniority rule, it grants the employee with a disability treatment that other workers could not receive. Yet the Act, US Airways says, seeks only “equal” treatment for those with disabilities. See, e. g., 42 U. S. C. § 12101(a)(9).

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Bluebook (online)
122 S. Ct. 1516, 152 L. Ed. 2d 589, 15 Fla. L. Weekly Fed. S 225, 535 U.S. 391, 70 U.S.L.W. 4285, 67 Cal. Comp. Cases 424, 2002 U.S. LEXIS 3034, 2002 Daily Journal DAR 4636, 12 Am. Disabilities Cas. (BNA) 1729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-airways-inc-v-barnett-scotus-2002.