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In a 5-4 split opinion issued Monday, April 29, 2002, the U.S. Supreme Court ruled in Barnett v. U.S. Airways that a company's seniority policies almost always trump the demands of disabled employees. An employer does not have to give a disabled employee a position as a "reasonable accommodation" under the Americans with Disabilities Act (ADA) when another employee who has greater seniority is also seeking the same position. The case 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.
In resolving the conflict between the ADA and seniority systems, the court held that seniority systems are critical to the workplace because they "provide important employee benefits by creating, and fulfilling, employee expectations of fair uniform treatment" and providing an opportunity for steady and predictable advancement based on objective standards. To allow the interests of a disabled worker who seeks assignment to a particular position as a "reasonable accommodation," to pre-empt the interests of other workers who have superior seniority rights would be unfair.
While creating a presumption in favor of established seniority systems, the majority opinion also allows for potential exceptions by spelling out "special circumstances" which would allow accommodation to prevail in some instances. The Court said it is entirely up to the employee to show "special circumstances" that alter the expectations created by the seniority system, such as an employer's history of bending the policy or applying it inconsistently. These "special circumstances" are unique to each case and it is up to the employee to show why his or her case would be an exception.
To ensure your company's seniority system will survive an accommodation challenge:
- Make sure that your seniority system is simple and understandable;
- Communicate the policy to all employees;
- Do not make exceptions to your company's established policy; and
- Always follow the policy consistently and uniformly.
As with all employment policies, consistency is critical. By strictly following your established seniority system, your company should be able to protect its employee's expectation of fair and uniform treatment and guard against possible litigation.
For more information, please call (414) 423-1330 or e-mail educational services.
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