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, where 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 the company 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?