Court Says Seniority Overrides ADA Moves in Most Cases

By Mark Walsh

Washington

An employer's seniority system cannot ordinarily be trumped by a disabled worker seeking an accommodation under the Americans with Disabilities Act, the U.S. Supreme Court ruled last week.

The 5-4 ruling on April 29 in U.S. Airways Inc. v. Barnett (Case No. 00-1250) marks the latest instance in which the justices have scaled back the reach of the 1990 law. But while the splintered decision is at first glance a victory for employers, including school districts, disability-rights advocates also had reason to be pleased.

The court rejected an interpretation adopted in several federal circuit courts that a seniority system would in all cases take precedence over an employee's bid for an...