392
Syllabus
modation's ability to meet an individual's disability-related needs—is a proper interpretation of the Act. Pp. 396-402.
(b) Here, the question is whether a proposed accommodation that would normally be reasonable is rendered unreasonable because the assignment would violate a seniority system's rules. Ordinarily the answer is "yes." The statute does not require proof on a case-by-case basis that a seniority system should prevail because it would not be reasonable in the run of cases that the assignment trump such a system's rules. Analogous case law has recognized the importance of seniority to employee-management relations, finding, e. g., that collectively bargained seniority trumps the need for reasonable accommodation in the linguistically similar Rehabilitation Act, see, e. g., Eckles v. Consolidated Rail Corp., 94 F. 3d 1041, 1047-1048. And the relevant seniority system advantages, and related difficulties resulting from violations of seniority rules, are not limited to collectively bargained systems, but also apply to many systems (like the one at issue) unilaterally imposed by management. A typical seniority system provides important employee benefits by creating, and fulfilling, employee expectations of fair, uniform treatment—e. g., job security and an opportunity for steady and predictable advancement based on objective standards—that might be undermined if an employer were required to show more than the system's existence. Nothing in the statute suggests that Congress intended to undermine seniority systems in such a way. Pp. 402-405.
(c) The plaintiff (here the employee) remains free to show that special circumstances warrant a finding that, despite the seniority system's presence, the requested accommodation is reasonable on the particular facts. Special circumstances might alter the important expectations created by a seniority system. The plaintiff might show, for example, that the employer, having retained the right to change the system unilaterally, exercises the right fairly frequently, reducing employee expectations that the system will be followed—to the point where the requested accommodation will not likely make a difference. The plaintiff might also show that the system already contains exceptions such that, in the circumstances, one further exception is unlikely to matter. The plaintiff has the burden of showing special circumstances and must explain why, in the particular case, an exception to the seniority system can constitute a reasonable accommodation even though in the ordinary case it cannot. Pp. 405-406.
(d) The lower courts took a different view of this matter, and neither party has had an opportunity to seek summary judgment in accordance with the principles set forth here. P. 406.
228 F. 3d 1105, vacated and remanded.
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