Supreme Court of the United States

US Airways, Inc. v. Barnett — O'Connor, J., concurring

April 29, 2002535 U.S. 391

Summary

Justice O'Connor concurs but prefers a test focusing on the legal enforceability of seniority systems. She joins the Court's opinion to ensure a majority rule, believing their test often yields similar outcomes. The dissenting opinions argue that the ADA does not mandate exceptions to seniority systems and criticize the majority's uncertainty. Justices Scalia and Souter dissent.