US Airways, Inc. v. Barnett — Scalia, J., dissenting

Summary

Justice Scalia, dissenting, argues that the ADA’s reasonable‑accommodation requirement does not compel employers to override bona‑fide seniority systems, contending that such systems are not disability‑related obstacles and that the majority’s new presumption creates undue uncertainty. He maintains that accommodation should only require modification of rules that the disability itself makes burdensome, not neutral workplace policies. The dissent critiques the majority’s rebuttable presumption and warns that it gives disabled employees vague power to undermine seniority rules. The opinion notes the Court’s decision to remand for further fact‑finding.