US Airways, Inc. v. Barnett, 535 U.S. 391, 34 (2002)

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424

US AIRWAYS, INC. v. BARNETT

Souter, J., dissenting

might make to enforce the seniority policy over an employ-er's contrary decision.3

With US Airways itself insisting that its seniority system was noncontractual and modifiable at will, there is no reason to think that Barnett's accommodation would have resulted in anything more than minimal disruption to US Airways's operations, if that. Barnett has shown his requested accommodation to be "reasonable," and the burden ought to shift to US Airways if it wishes to claim that, in spite of surface appearances, violation of the seniority scheme would have worked an undue hardship. I would therefore affirm the Ninth Circuit.

3 The Court would allow a plaintiff to argue that a particular system was so riddled with exceptions so as not to engender expectations of consistent treatment. Ante, at 405-406.

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