US Airways, Inc. v. Barnett, 535 U.S. 391, 13 (2002)

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Cite as: 535 U. S. 391 (2002)

Opinion of the Court

"reasonable accommodation." We also assume that normally such a request would be reasonable within the meaning of the statute, were it not for one circumstance, namely, that the assignment would violate the rules of a seniority system. See § 12111(9) ("reasonable accommodation" may include "reassignment to a vacant position"). Does that circumstance mean that the proposed accommodation is not a "reasonable" one?

In our view, the answer to this question ordinarily is "yes." The statute does not require proof on a case-by-case basis that a seniority system should prevail. That is because it would not be reasonable in the run of cases that the assignment in question trump the rules of a seniority system. To the contrary, it will ordinarily be unreasonable for the assignment to prevail.

A

Several factors support our conclusion that a proposed accommodation will not be reasonable in the run of cases. Analogous case law supports this conclusion, for it has recognized the importance of seniority to employee-management relations. This Court has held that, in the context of a Title VII religious discrimination case, an employer need not adapt to an employee's special worship schedule as a "reasonable accommodation" where doing so would conflict with the seniority rights of other employees. Trans World Airlines, Inc. v. Hardison, 432 U. S. 63, 79-80 (1977). The lower courts have unanimously found that collectively bargained seniority trumps the need for reasonable accommodation in the context of the linguistically similar Rehabilitation Act. See Eckles v. Consolidated Rail Corp., 94 F. 3d 1041, 1047- 1048 (CA7 1996) (collecting cases); Shea v. Tisch, 870 F. 2d 786, 790 (CA1 1989); Carter v. Tisch, 822 F. 2d 465, 469 (CA4 1987); Jasany v. United States Postal Service, 755 F. 2d 1244, 1251-1252 (CA6 1985). And several Circuits, though differing in their reasoning, have reached a similar conclusion in the context of seniority and the ADA. See Smith v. Mid-

403

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