US Airways v. Barnett and the Limits of Disability Accommodation

CIVIL RIGHTS STORIES, Myriam Gilles & Risa Goluboff, eds., 2007

Washington U. School of Law Working Paper No. 07-01-02

39 Pages Posted: 27 Dec 2006  

Samuel R. Bagenstos

University of Michigan Law School

Abstract

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.

Keywords: Disability, Employment, Accommodation

JEL Classification: J70

Suggested Citation

Bagenstos, Samuel R., US Airways v. Barnett and the Limits of Disability Accommodation. CIVIL RIGHTS STORIES, Myriam Gilles & Risa Goluboff, eds., 2007; Washington U. School of Law Working Paper No. 07-01-02. Available at SSRN: https://ssrn.com/abstract=953759

Samuel R. Bagenstos (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

HOME PAGE: http://web.law.umich.edu/_FacultyBioPage/facultybiopagenew.asp?ID=411

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