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The U.S. Supreme Court ruled on April 29, 2002 that employers, in most cases, do not have to accommodate the needs of a disabled worker under the American with Disabilities Act (ADA) when another employee who has greater seniority is also seeking the same position. This case, Barnett v. U.S. Airways, is the second Americans with Disabilities Act (ADA) case decided this term which continues the high court's trend of limiting the reach of the ADA, by narrowing its scope and applicability. Earlier this year, the Court ruled against a worker who claimed she was disabled and unable to perform the essential functions of her job due to carpal tunnel syndrome.
Under this term, becoming known as the "disabilities act term," two more ADA cases will be decided by the Court before July. The Court is now considering the next ADA case which questions whether an employer can exclude someone from a job which is a direct threat to that individual's health.
For more information on Barnett v. U.S. Airways and what employers can do to protect themselves against ADA challenges, see the May Issue of the Month, Disability v. Seniority—Who Wins?.
For more information about the ADA, other employment law issues and in-house supervisor training, call Krukowski & Costello, S.C. at (414) 423-1330 or e-mail educational services.
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