Union seniority supersedes ADA on issue of job accommodation. Clearinghouse, AIDS Newsletter Database, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5714.

Important note: Information in this article was accurate in 1996. The state of the art may have changed since the publication date.

Union seniority supersedes ADA on issue of job accommodation. Clearinghouse, AIDS Newsletter Database, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5714.

AIDS Policy Law. 1996 Sep 6;11(16):1, 11. Unique Identifier : AIDSLINE AIDS/96701863

Abstract: The 7th U.S. Circuit Court of Appeals ruled that the Americans with Disabilities Act (ADA) does not require an employer to violate a union's seniority system in an attempt to provide a reasonable accommodation to a worker with a disability. Terry Eckles, diagnosed with epilepsy, could only return to work based on certain restrictions that made it impossible for him to continue his current job. The Conrail yardmaster sought to invoke a rule that enables employees to bump more senior employees as a job accommodation. Attorneys for Eckles argued that the court's per se rule, enabling seniority to trump the ADA, debilitates the reasonable accommodation provision. This ruling represents the first time that a circuit court has resolved disparities between the ADA and the National Labor Relations Act. The decision is binding in Federal courts in Indiana, Wisconsin and Illinois.

Keywords: Disabled/*LEGISLATION & JURISPRUD Employment/*LEGISLATION & JURISPRUD Epilepsy HIV Infections Human Labor Unions/*LEGISLATION & JURISPRUD United States NEWSLETTER ARTICLE
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