Matthew L. Berman
Class actions · Employment · Civil rights
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The case library

US Airways, Inc. v. Barnett

535 U.S. 391, 122 S. Ct. 1516, 152 L. Ed. 2d 589 (2002)

Supreme Court of the United States · April 29, 2002

What the court decided

An accommodation is not unreasonable just because it breaks a rule that applies to everyone. "By definition any special 'accommodation' requires the employer to treat an employee with a disability differently," and a conflict with a disability-neutral rule "cannot by itself place the accommodation beyond the Act's potential reach." The ADA creates no automatic exemption for such rules. Seniority systems are the exception: a reassignment that would override one is ordinarily unreasonable, unless the employee shows special circumstances, such as an employer that changes the system often or a system that already has exceptions.

Who won

Neither side won outright. The Supreme Court, 5-4, vacated the court of appeals' decision, which had favored the employee, and sent the case back so he could try to show special circumstances.

Why it matters for workers with a medical condition

When an employer says "that is our policy," this is the answer: the ADA itself lists modifying policies as an accommodation, and a rule that applies to everyone is not an automatic defense. A seniority system is the main exception, and even it can give way.

Key passage: 535 U.S. 391 at 397-98, 403-06.

Read the decision (PDF)   Marked with official reporter pages for citation.

Source of the text: Library of Congress (official United States Reports, bound volume 535) — https://tile.loc.gov/storage-services/service/ll/usrep/usrep535/usrep535391/usrep535391.pdf. This page summarizes the decision in plain language; the court’s own words are in the PDF above.

Where this case comes up in the guide