Last year, the federal Ninth Circuit Court of Appeals ruled that under the Americans with Disabilities Act, a seniority system must give way to accommodations unless they cause an undue hardship. The case involved an employer-created seniority system, but it left open the question of its application to seniority provisions contained in union contracts. Now, in a boost for employers, the same court has clarified that you don’t have to violate a collective bargaining agreement to accommodate a disabled employee.
Seniority System For Work Assignments
The new case involved a union contract between the Pacific Maritime Association, a group of San Francisco Bay Area companies that employ dockworkers, and the dockworkers’ union. Under the agreement, work assignments were to be made out of a hiring hall, according to seniority. Most dockworker jobs are physically demanding, and those requiring the least exertion were first offered to the most senior people.Disabled workers over age 55 could request placement on the Dock Preference Board. Members of the DPB received daily priority for light-duty assignments. Because there were so few opportunities for light-duty work, the DPB was limited to 30 workers and had a waiting list organized by seniority.
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Disabled Employees Sue
David Willis and Paul Gomez were San Francisco Bay Area dockworkers. Willis, who had sustained industrial injuries to his back and neck, never made it past the DPB waiting list because he lacked seniority. Gomez had cancer and a leg injury. After his doctor released him to perform light-duty work, he requested placement on the DPB. His request was also denied because of low seniority. Willis and Gomez sued, arguing that the union and the Pacific Maritime Association violated the ADA by not placing them on the DPB out of seniority order as a reasonable accommodation for their disabilities. The union and Pacific Maritime Association asserted that they didn’t have to violate their union contract to accommodate the workers.
Employer Not Required To Violate Union Seniority System
The Court of Appeals ruled against Willis and Gomez. According to the court, if a collective bargaining agreement contains bona fide seniority provisions, an accommodation that would compel an employer to violate the seniority system is unreasonable. The court also noted that employers and unions can—but aren’t required to—bargain for an exception to the seniority system when needed to accommodate employees with disabilities. The court distinguished this ruling from last year’s on the grounds that the earlier case involved an employer-imposed system, not rights bargained for under a union contract.
Tips On Avoiding Problems
This new decision makes it clear that you don’t have to violate a seniority system created by a collective bargaining agreement to accommodate a disabled employee.
Here’s what you can do to prevent problems:
- Be consistent. The court stressed that its ruling only applies when the seniority system has been consistently followed.
- Evaluate whether the contract contains an exception. Although the court didn’t directly decide the issue, you may have to make an exception to the seniority rules to accommodate a disabled employee if the union contract terms are flexible enough to permit exceptions to the seniority system.
- Look for alternative accommodations. To satisfy your ADA obligations, consult with the employee to assess whether other accommodations exist that wouldn’t violate your union contract.