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ADA Policy Brief Series #10: Reasonable Accommodation after Barnett Wednesday, March  5, 2003
 
 Civil Rights
 PDF
 March 5, 2003 **S﻿COPE AND PURPOSE:** In *U.S. Airways, Inc., v. Barnett*, the U.S. Supreme Court finally addressed the interaction of job reassignment under the ADA and seniority systems. This paper will examine the implications of the *Barnett* decision, especially in light of prior circuit court decisions on reasonable accommodation, and look at how subsequent cases are interpreting *Barnett*. The paper will then address some of the larger issues raised by the case; what happens when the employment and economic goals of the ADA seem to clash with already established economic priorities and expectations; who has the higher “right” to a job when demand is higher than supply? If-as the legislative history acknowledges-people with disabilities have been economically and socially marginalized for decades, how could a place be made for these millions of previously excluded people without having *any*effect on those who are already *within* the economic mainstream?


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