Supreme Court to Hear Disability Cases

Jo Nagels

Description

Title:

Supreme Court to Hear Disability Cases

Creator:

Jo Nagels

Date:

4/17/2001

Text:

> April 16, 2001
> Supreme Court to Hear Disability Cases
> By THE ASSOCIATED PRESS
> Filed at 10:43 a.m. ET
> WASHINGTON (AP) -- The Supreme Court agreed to hear a pair of cases to
> clarify workers' protection under the Americans with Disabilities Act.
> The court said on Monday that it will hear one case involving a worker at
a
> Toyota plant in Kentucky who says she is partly disabled but still able to
> perform some duties.
> The other case involves a US Airways employee in San Francisco who says
his
> disability entitles him to buck a company seniority system in order to
> transfer to a job he is able to perform.
> The 1990 ADA aims to prevent discrimination against people with all manner
> of handicaps. It defines disability as ``a physical or mental impairment
> that substantially limits one or more of the major life activities,'' such
> as working or caring for oneself.
> The Toyota worker, Ella Williams, says she suffers from repetitive strain
> injuries that prevent her from performing part of her assembly line job.
> The 6th U.S. Circuit Court of Appeals ruled that Williams is disabled, and
> Toyota appealed to the Supreme Court. The automaker asked the high court
to
> resolve a division among federal appeals court over workers who can
perform
> some but not all of their assigned duties.
> Williams went to work at Toyota's Georgetown, Ky., assembly plant in 1990
> and was assigned to an assembly line that produced engines.
> Within months, she developed repetitive stress injuries in her wrists,
neck
> and arms. She sued under the ADA in 1993, and that case was settled. She
> returned to Toyota in December that year with a doctor's instructions to
> perform only light duty.
> Toyota said it tried to accommodate Williams. In 1996, Toyota told
Williams
> that all quality inspectors must be able to do four different inspection
> jobs interchangeably.
> Williams said one of the new tasks caused pain and numbness in her arms,
> hands, shoulders and neck.
> She asked to return to her old duties, but the two sides disagree over
> whether Toyota refused. Williams was fired, and she sued again under the
> ADA, claiming Toyota did not make proper accommodation for her disability.
> A federal district court ruled for Toyota, but the 6th Circuit court
> reversed that decision, saying Williams is under permanent medical
> restrictions and is ``substantially limited as to a major life activity.''
> In the case involving US Airways, customer service representative Robert
> Barnett sought a transfer after hurting his back loading baggage at San
> Francisco International Airport in 1990.
> Barnett asked to be assigned to a mailroom job, but employees with more
> seniority wanted the same job. Under the usual seniority rules they would
> have bumped Barnett to a less desirable job.
> Barnett was given the mailroom job temporarily, but in 1993 he was told
that
> job would end. The airline suggested Barnett look for another assignment
in
> the company. Barnett declined and sued the next year.
> Barnett alleged the airline violated the ADA by failing to make reasonable
> accommodation for his disability.
> US Airways claimed that it was not obligated to set aside its seniority
> system for Barnett, and a federal court agreed.
> A panel of the 9th U.S. Circuit Court of Appeals upheld the lower court,
but
> the full 9th Circuit court ruled that Barnett's case could go to trial.
The
> appeals court said a seniority system alone does not absolve employers
from
> seeking solutions under the ADA.
>
> Copyright 2001 The New York Times Company

                          

Citation

Jo Nagels, “Supreme Court to Hear Disability Cases,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 2, 2024, https://library.drfop.org/items/show/216431.