Cite as: 535 U. S. 391 (2002)
Opinion of the Court
Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, and Kennedy, JJ., joined. Stevens, J., post, p. 406, and O'Connor, J., post, p. 408, filed concurring opinions. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, post, p. 411. Souter, J., filed a dissenting opinion, in which Ginsburg, J., joined, post, p. 420.
Walter E. Dellinger argued the cause for petitioner. With him on the briefs were Lawrence M. Nagin and Robert A. Siegel.
Claudia Center argued the cause for respondent. With her on the brief were William C. McNeill III, Eric Schnapper, Todd Schneider, Guy Wallace, and Robert W. Rychlik.*
Justice Breyer delivered the opinion of the Court.
The Americans with Disabilities Act of 1990 (ADA or Act), 104 Stat. 328, 42 U. S. C. § 12101 et seq. (1994 ed. and Supp. V), prohibits an employer from discriminating against an "individual with a disability" who, with "reasonable accommodation," can perform the essential functions of the job. §§ 12112(a) and (b) (1994 ed.). This case, arising in the context of summary judgment, asks us how the Act resolves a potential conflict between: (1) the interests of a disabled worker who seeks assignment to a particular position as a "reasonable accommodation," and (2) the interests of other workers with superior rights to bid for the job under an em*Briefs of amici curiae urging reversal were filed for the Air Transport Association of America, Inc., et al. by John J. Gallagher and Margaret H. Spurlin; and for the Equal Employment Advisory Council et al. by Ann Elizabeth Reesman.
Briefs of amici curiae urging affirmance were filed for the American Federation of Labor and Congress of Industrial Organizations by Jonathan P. Hiatt, Deborah Greenfield, James B. Coppess, Michael H. Gottesman, and Laurence Gold; and for the National Employment Lawyers Association et al. by Brian East and Paula A. Brantner.
Peter J. Petesch, Thomas J. Walsh, Jr., Timothy S. Bland, and David S. Harvey, Jr., filed a brief for the Society for Human Resource Management as amicus curiae.
393
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007