ADA Accommodations: Supreme Court Rules That Seniority Systems Ordinarily Need Not Yield To Accommodate Disabled Workers, But There May Be Exceptions

Most employers know they need to consider a disabled worker’s request for reasonable accommodations, which could include reassignment to another job. But does an employee’s demand for a particular accommodation trump your seniority rules? Not in most cases, according to a new U.S. Supreme Court decision that brings needed clarity to this question. But the court said there could be circumstances when you have to make an exception to your seniority system.

Low Seniority Results In Bumping

After Robert Barnett injured his back while working as a cargo handler for US Airways at San Francisco International Airport, he transferred to a less physically demanding mailroom position. Then Barnett learned that he would be bumped from this job because two employees with greater seniority planned to bid on it. Barnett asked US Airways to make an exception to its seniority rules and allow him to keep his mailroom position as a reasonable accommodation for his disability.

Accommodation Request Denied

US Airways decided not to make an exception for Barnett. He lost his mailroom job and was placed on leave.

Barnett sued, arguing that the mailroom assignment was a reasonable accommodation and that US Airways violated the Americans with Disabilities Act when it refused his accommodation request. The airline responded that this accommodation wasn’t reasonable because it would violate its seniority policies.

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The trial court ruled that changing the seniority rules would be an undue hardship to both the company and its non-disabled employees. But the Ninth Circuit Court of Appeals reversed this decision, ruling that the seniority system was merely one factor to consider in analyzing undue hardship and that a case-by-case review was required.

Seniority System Ordinarily Prevails

In a close decision, the U.S. Supreme Court has now ruled that in most cases, an assignment request that violates an employer’s seniority system is not a reasonable accommodation. And ordinarily, the court said, the employer’s showing that the requested accommodation would violate the seniority system’s rules is sufficient proof that the accommodation isn’t reasonable.

Special Circumstances

But the court went on to explain that an employee may still present evidence to show that despite the seniority system, the particular circumstances make the desired accommodation reasonable. For example, if the employer frequently makes changes or exceptions to its seniority system, one more departure from the rules to accommodate a disabled individual may not matter. The court returned the case to the trial court to sort out the remaining factual questions.

Tips To Avoid Problems

Although this case specifically involved an employer-established seniority system—as opposed to a union-contract seniority system—the high court noted that federal appeals courts, including the Ninth Circuit, have agreed that collectively bargained seniority systems also take priority over the need for reasonable accommodation.

Here are steps you can take to avoid disputes over accommodations that may conflict with your seniority system:

1. Consult with the employee. The ADA generally requires you to consult with disabled workers to try to find a reasonable accommodation. Even if you can’t agree and the employee sues, your efforts to accommodate the employee will strengthen your defense.

    

2. Consider alternative accommodations. The high court noted that the ADA requires employers to give preferences in the form of reasonable accommodations needed for disabled workers to obtain equal employment opportunities. So you still have to try to provide an accommodation that would allow the worker to perform their present job or to reassign a qualified disabled worker if another position is available and the transfer wouldn’t violate your seniority rules.

    

3. Be consistent. It’s now more important than ever to consistently follow your seniority rules. Also be sure to instruct managers and supervisors on the importance of sticking to seniority rules. By frequently deviating from your system, you give a disabled employee ammunition to argue that making one more exception would be reasonable. And if your system is flexible enough to allow for exceptions, you may have to make one to fulfill your accommodation obligations.