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1999 U. Ill. L. Rev. 751 (1999)
Collective Bargaining Agreements and the Americans with Disabilities Act: A Problematic Limitation on Reasonable Accommodation for the Union Employee

handle is hein.journals/unilllr1999 and id is 761 raw text is: COLLECTIVE BARGAINING AGREEMENTS AND THE AMERICANS WITH DISABILITIES ACT: A PROBLEMATIC LIMITATION ON REASONABLE ACCOMMODATION FOR THE UNION EMPLOYEE BRIAN P. KAVANAUGH Title I of the Americans with Disabilities Act (ADA) prohibits employers from discriminating against disabled workers in their employment practices. The ADA requires employers to reason- ably accommodate their disabled employees. One type of reason- able accommodation consists of reassignment of the disabled employee to a different vacant position. However, in a unionized workplace, reassignment of the disabled employee could violate the seniority provisions of a collective bargaining agreement between the union and the employer. A majority of courts considering the conflict between the ADA and collective bargaining agreements have established a per se rule that an employer does not have to reassign disabled workers in violation of a collective bargaining agreement. This note argues that the per se rule adopted by a ma- jority of courts undermines the purpose, background, and legisla- tive history of the ADA. The per se rule ensures that more disabled people will remain unemployed, due to the significant number of employees who work under collective bargaining agreements. This note recommends that Congress clearly establish that collective bargaining agreements are not in and of themselves determinative in the reasonable accommodation process. I. INTRODUCTION Joe Smith is a steelworker in the small Pennsylvania town where he lives. The steel mill functions as the main employer and economic backbone of the community. Smith was recently injured in an indus- trial accident that severely limits his physical capabilities and renders him disabled within the meaning of the Americans with Disabilities Act (ADA).' Like many of his fellow workers, Smith lacks a formal education, as he opted to work at the mill instead of completing high school. Smith has worked at the mill for the last seventeen years. Due to his injury, Smith is unable to perform the heavy lifting required by his current job. Smith's injuries have left him confined to a wheelchair, which prevents him from performing all but the role of a 1. 42 U.S.C. §§ 12101-12213 (1994).

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