Do Seniority Rights "Trump" the ADA?: Conflicts Between Collective Bargaining Agreements and the Duty to Accommodate Disabled Workers

Lisa Schur

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DOI: 10.2190/VD2T-VP2T-6NY1-2G3Q

Abstract

What happens when the duty to reassign disabled workers under the ADA conflicts with seniority provisions of collective bargaining agreements? The 1990 Americans with Disabilities Act departs from previous antidiscrimination legislation in imposing higher standards on employers and unions and specifically listing reassignment as an example of a reasonable accommodation. Nevertheless, most courts have followed earlier case law in giving precedence to the terms of collective bargaining agreements. The 1996 Seventh Circuit Eckles opinion has been broadly interpreted in subsequent decisions to excuse employers from the duty to reassign disabled workers when this would conflict with a collective bargaining agreement. These cases raise the larger issue of the extent to which private contracts can circumvent or nullify legislated rights.

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