Justices Further Limit Scope of Disability Act
The high court ruled yesterday in US Airways v. Barnett that disabled employees are not necessarily entitled to accommodation when that accommodation means transferring them to jobs that more senior, non-disabled employees want. The 5-4 decision did allow for some overriding of company seniority systems in favor of accommodation when seniority is a considered, but not a controlling factor in hiring decisions. The decision does not address cases where there are collective bargaining agreements.
See "Justices Further Limit Scope of Disability Act", Charles Lane, The Washington Post, April 29, 2002