DISABILITY ISSUES INFORMATION FOR
JOURNALISTS
HOME
TOPICS
ABOUT
THE CENTER
|
|
US Airways, Inc. v. Barnett
Court says ADA does not take precedence over seniority systems
On April 29, 2002, the U. S. Supreme Court ruled 5-4 that employees with
disabilities are not always entitled to jobs intended for workers with more
seniority. The decision is another one in a series of rulings in which the Court has
sided with employers instead of workers with disabilities.
Robert Barnett, a former US Airways baggage handler from San Francisco,
injured his back while on the job. At his doctor's suggestion, Barnett was
reassigned to the mail room. The company later told Barnett that, according
to company policy, he would have to give up that job to make room for
another employee that had more seniority.
Barnett sued US Airways claiming the company had not given him a reasonable
accommodation as required under the ADA.
The 9th Circuit Court of Appeals agreed with Barnett that workers with
disabilities should have priority over more senior workers who do not have
disabilities. Monday's 5-4 decision overturned the Court of Appeals ruling and
sent the case back for further review.
The court did say that workers can show "special circumstances'' that would
make exceptions reasonable, but that this has to be done on an individual
basis.
The ruling was "made all the more complicated by a total of four different concurring and dissenting opinions," writes Prof. Ruth O'Brien, author of Crippled Justice: The History of Modern Disability Policy in the Workplace (University of Chicago Press, 2001). Read O'Brien's article from Ragged Edge magazine.
The experts on disability rights law listed below can discuss disability rights cases decided by the U.S. Supreme Court.
Peter David Blanck
Peter-Blanck@uiowa.edu
(319) 335-9043
Peter David Blanck is a Professor of Law and of Psychology at the
University of Iowa and concentrates much of his research on the
Americans with Disabilities Act. Blanck is a Commissioner on the
American Bar Association Commission on Mental and Physical Disability
Law and a former President of the American Association on Mental
Retardation's Legal Process and Advocacy Division. The U.S. District
Court for the State of Wyoming appointed Blanck to the Compliance
Advisory Board, which oversees the development of community,
educational, and employment services for people with mental
disabilities in the state. He received his Ph.D. in Psychology from
Harvard University and his J.D. from Stanford Law School where he was
President of the Stanford Law Review.
Robert Burgdorf, Jr.
robertburgdorf@cs.com
(202) 274-7334
Professor Burgdorf teaches Constitutional Law, Civil Procedure, and the
Disabilities Rights Seminar at the David Clark School of Law at the
University of the District of Columbia. He also co-directs the Legislation
Clinic. Professor Burgdorf has been active in securing equal rights for
persons with disabilities, most recently through his work on the federal
Americans with Disabilities Act of 1991. He has held positions with various
groups, including Project ACTION (Accessible Community Transportation in Our
Nation), the National Council on the Handicapped, and the National Center
for Law and the Handicapped. From 1976 to 1981, he co-directed the
University of Maryland School of Law's Developmental Disabilities Law
Project. Professor Burgdorf has published a casebook and numerous articles
and reports in his field. He recently completed a legal treatise on
disability discrimination in employment law for the Bureau of National
Affairs.
Ruth Colker
Colker.2@osu.edu
(614) 292-0900
Ohio State University Professor Colker is one of the leading scholars
in the country in the areas of Constitutional Law and Disability
Discrimination. She is the author of five books, two of which have
won book prizes. She has also published more than 50 articles in law
journals such as the Harvard Law Review, Yale Law Journal, Columbia
Law Journal, and University of Michigan Law Journal. She has been a
frequent guest on National Public Radio to comment on disability and
constitutional law topics. Before joining the faculty at Ohio State,
Professor Colker taught at Tulane University, the University of
Toronto, the University of Pittsburgh and in the women's studies
graduate program at George Washington University. She also spent four
years working as a trial attorney in the Civil Rights Division of the
United States Department of Justice where she received two awards for
outstanding performance
Matthew Diller
mdiller@mail.lawnet.fordham.edu
(212) 636-6980
Professor Diller is Associate Director, Louis Stein Center for Law
and Ethics; Scholar in Residence, Brennan Center for Justice, NYU
School of Law, Fall 1999; The Legal Aid Society, 1986-93; Adjunct
Assistant Professor of Law, New York University School of Law, Fall
1989, Spring 1993; Law Clerk to the late Hon. Walter R. Mansfield,
United States Court of Appeals for the Second Circuit, 1985-1986;
Principal subjects: Civil Procedure, Administrative Law, Social
Welfare Law, Seminar in Ethics and Public Interest Law.
Chai R. Feldblum
feldblum@law.georgetown.edu
(202) 662-9595
Professor of Law; Director, Federal Legislation Clinic
Expertise: federal legislation, disability rights, gay and lesbian
rights, AIDS, privacy, welfare and Medicaid reform. Professor
Feldblum joined the faculty as a visiting professor for the 1991-93
academic years. In 1993, she established a new law school clinic, the
Federal Legislation Clinic, and has served as the Clinic's Director
since 1993. Prior to joining the law faculty, Professor Feldblum
worked as a legislative counsel at the AIDS Action Council, and at
the ACLU AIDS Project, focusing on federal legislation concerning
AIDS. She clerked for First Circuit Court of Appeals Judge Frank M.
Coffin in 1985, and for Supreme Court Justice Harry A. Blackmun in
1986. >From 1989-90, Professor Feldblum played a leading role in the
drafting and negotiating of the Americans with Disabilities Act, a
law that prohibits discrimination based on disability. She has also
worked extensively in advancing gay and lesbian rights, particularly
in the drafting of the Employment Nondiscrimination Act. Professor
Feldblum engages in scholarly work and practical advocacy in the
areas of disability rights, lesbian and gay rights, and health and
social welfare legislation.
Read more on the meaning of "disability" under ADA.
|
|
|
|
Overview
Links
Expert sources
From the Disability and Business Technical Assistance Centers:
Historical Context of the ADA
ADA definition of disability
Overview of law's structure
The ADA is changing the landscape of America -- commentary
"The ADA changed my life" -- personal stories
The meaning of "disability" under ADA
"A misunderstood law" -- commentary
The ADA Notification Act
Supreme Court ADA decisions:
|