US Airways v. Barnett and the Limits of Disability Accommodation
Samuel R. Bagenstos
University of Michigan Law School
CIVIL RIGHTS STORIES, Myriam Gilles & Risa Goluboff, eds., 2007
Washington U. School of Law Working Paper No. 07-01-02
This essay, to be published in Civil Rights Stories (Myriam Gilles & Risa Goluboff, eds., forthcoming 2007), tells the story of US Airways v. Barnett. Barnett, which involved an employee's request that his employer modify its seniority system as a disability accommodation, the Supreme Court confronted for the first time the Americans with Disabilities Act's requirement of reasonable accommodation in employment. Barnett ultimately offers a window into three of the most important issues to understand about the ADA's accommodation requirement: the requirement's relationship to more traditional antidiscrimination mandates; its seemingly zero-sum nature; and the limits of its usefulness in a world of reduced job security for everyone.
Number of Pages in PDF File: 39
Keywords: Disability, Employment, Accommodation
JEL Classification: J70
Date posted: December 27, 2006
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