May 1, 2002
Avoiding Lawsuits is a service of the employment law training and consulting firm of Counsel Consulting Group LLC and the law firm of Powell, Trachtman, Logan, Carrle & Lombardo, P.C.
DON'T BELIEVE EVERYTHING YOU READ IN THE NEWSPAPERS:
DOES SENIORITY REALLY TRUMP DISABILITY?
Last week, the national media widely reported on an important United States Supreme Court decision dealing with the Americans with Disabilities Act. Typical of many news media, the New York Times headline trumpeted, "COURT SAYS THAT SENIORITY HAS PRECEDENCE OVER DISABILITY." Although the body of the Times article explained the decision in more detail, many readers stopped at the headline and, as a result, came to a dangerously misleading impression of this decision.
Like ignorance, misinterpretation of the law is no excuse, and can cause loads of legal trouble. In the interest of lawsuit avoidance, we need to set this record straight. In the case, an injured US Airways baggage handler, Barnett, sought a "reasonable accommodation" under the ADA - permanent assignment to a less physically demanding job in the US Airways mailroom. However, two other US Airways employees with more seniority also sought the mailroom job. US Airways was left with a "damned if you do - damned if you don't" choice: should it honor Barnett's request for a "reasonable accommodation" as required by the ADA, or should it honor its seniority system as required by its collective bargaining agreement with its union? US Airways chose to honor its seniority system, and Barnett sued, claiming that by failing to provide him with his requested "reasonable accommodation," US Airways violated the ADA.
The case eventually ended up before the United States Supreme Court, which rendered a 5-4 decision (there's nothing like legal decisiveness...) in favor of US Airways, triggering headlines like the "seniority has precedence over disability" report quoted above. Consequently, many employers now believe the rule of law to be this: if a disabled employee requests assignment to a particular position as a "reasonable accommodation," and another, more senior employee requests the same position, the employer can safely choose the more senior employee without risking an ADA suit.
Wrong, wrong, wrong.
Here's what the Supreme Court really said . . . The law will generally respect the sanctity of a seniority system like the one US Airways had - a structured, pervasive seniority system that consistently governed the most important aspects of the employer-employee relationship. But if an employer did not typically use seniority as the benchmark for work assignments and other employee management decisions, seniority will most likely not trump an employee's ADA-inspired request for a reasonable accommodation.
Most employers, unless they are unionized, generally do not decide who gets what job based solely on seniority. They generally choose the person they deem most qualified, and while seniority might play a role, it is not the major determinant. Consequently, the general rule announced by the media headlines will not govern most employers. Indeed, among such employers, the law is precisely the opposite: seniority will probably not trump a request for a reasonable accommodation, and employers who act otherwise will be liable for substantial damages.
Dealing with requests for "reasonable accommodations" from employees who claim to be disabled is an incredibly difficult, legally-sophisticated process that is replete with lawsuit potential. There are no formulaic approaches. Be extremely careful, and involve counsel.
More Supreme Court ADA decisions are on the way. Stay tuned.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.
