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

Summary

Justice Souter, dissenting with Justice Ginsburg, argues that the Americans with Disabilities Act does not insulate seniority rules from reasonable accommodation claims. He concludes that legislative history indicates seniority systems should be treated as merely a factor, not a blanket bar. He would therefore affirm the Ninth Circuit in this case, Justice Scalia, dissenting, would affirm for different reasons, and Justices O'Connor and Stevens concurred in the majority opinion.