396
Opinion of the Court
even though another employee is entitled to hold the position under the employer's bona fide and established seniority system." Brief for Petitioner i.
The Circuits have reached different conclusions about the legal significance of a seniority system. Compare 228 F. 3d, at 1120, with EEOC v. Sara Lee Corp., 237 F. 3d 349, 354 (CA4 2001). We agreed to answer US Airways' question.
II
In answering the question presented, we must consider the following statutory provisions. First, the ADA says that an employer may not "discriminate against a qualified individual with a disability." 42 U. S. C. § 12112(a). Second, the ADA says that a "qualified" individual includes "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of" the relevant "employment position." § 12111(8) (emphasis added). Third, the ADA says that "discrimination" includes an employer's "not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified . . . employee, unless [the employer] can demonstrate that the accommodation would impose an undue hardship on the operation of [its] business." § 12112(b)(5)(A) (emphasis added). Fourth, the ADA says that the term " 'reasonable accommodation' may include . . . reassignment to a vacant position." § 12111(9)(B).
The parties interpret this statutory language as applied to seniority systems in radically different ways. In US Airways' view, the fact that an accommodation would violate the rules of a seniority system always shows that the accommodation is not a "reasonable" one. In Barnett's polar opposite view, a seniority system violation never shows that an accommodation sought is not a "reasonable" one. Barnett concedes that a violation of seniority rules might help to show that the accommodation will work "undue" employer "hard-ship," but that is a matter for an employer to demonstrate
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007