CASE SUMMARY 12.3 U.S. Airways, Inc. v. Barnett, 535 U.S. 391 (2002) ADA Barnett

Question

CASE SUMMARY 12.3 U.S. Airways, Inc. v. Barnett, 535 U.S. 391 (2002) ADA Barnett, a baggage loader for U.S. Airways (USA), injured his back while loading an inordinately heavy suitcase. His doctor diagnosed him with a permanently slipped disk and recurring back spasms. Barnett's condition is permanent, and he is considered to be disabled under the ADA. Upon returning to work, USA offered to reassign him from baggage loader to luggage deliverer, a job in which he would drive the baggage carts from plane to plane. However, Barnett wanted a position in the mailroom sorting mail. USA denied Barnett's request because it operated on a strict seniority system for filling vacancies. CASE QUESTIONS 1. Does Barnett have a cause of action under the ADA? Why or why not? 2. Has USA fulfilled its duty of reasonable accommodation?

Explanation / Answer

1. No, Barnett cannot take any action as because due to permanent back injury and as per ADA, he is considering as disabled for the job of baggage loader at U.S Airways. But, he can seek for ADA rules to be followed with him as per the disability act of 1990. As the job requires a complete fit individual so he cannot be considered for the job role. But, Barnett can seek for medical compensation or take organizations medical policy to render his medical cost and rest there remains no such issue for taking or cause of action under the ADA.   

2. No, the USA has not fulfilled the duty of reasonable accommodation, as per the rule of ADA of 1990; the persons with disabilities must get the equal opportunity and access in the employment. Since Barnett has got the permanent disability he cannot be granted for the baggage loading job. But, knowing all factors, the organization has offered him the job role of luggage deliverer instead of knowing that he is no longer able to fit in the hardcore physical job. With the request, Barnett has asked the U.S. Airways to give a job position at mailing room, but the authority has denied giving him. Therefore, considering the disability act of ADA 1990 it is the responsibility of the U.S. Airways to give the opportunity to Barnett so that he can do his job to the selective position that he can work properly as per his medical condition.   

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