On April 16th,
the U.S. Supreme Court agreed to hear two separate employer appeals relating to
the Americans with Disabilities Act of 1990. Â
The first, by Toyota Motor Corporation, will require the Court to decide
whether repetitive strain injury constitutes a disability under the ADA. Â The second, by US Airways Group Inc., will
clarify the employer''s obligation to accommodate disabled workers when the
accommodation might conflict with an existing seniority system. Â
The Toyota Case
Ella Williams
developed carpal tunnel syndrome while working at a Georgetown Kentucky
assembly plant in 1990. Â Her initial
suit against Toyota was dismissed on the grounds that she was still able to
perform some tasks and day-to-day activities, so that her physical difficulties
did not constitute a disability under the ADA. The U.S. Court of Appeals, 6th
Circuit, later ruled in her favor, saying that her impairment was sufficiently
limiting to meet the law''s definition of "disability". Â
The Americans with
Disabilities Act defines disability as "a physical or mental impairment
that substantially limits one or more of the major life activities". Â Major life activities are "functions such
as caring for oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning and working". Â Â
Toyota is now
appealing to the U.S. Supreme Court on the grounds that Ms. Williams''
disability affected, but did not significantly restrict, a major life
activity. Â There is a lot at stake: Â the National Association of Manufacturers
has already filed a amicus brief supporting Toyota''s arguments and stating that
there are 850,000 cases of carpal tunnel syndrome every year. Â If the Supreme Court ruling allows carpal
tunnel syndrome to be considered a disability rather than an injury, employers
will be inundated with lawsuits, according to NAM. Â
U.S. Airways Case
U.S. Airways is
appealing a ruling by the U.S. Court of Appeals, 9th Circuit, concerning
the reassignment of Robert Barnett from a cargo handler''s job to a position in
the mailroom. Â The 9th
Circuit court ordered the reassignment as a reasonable accommodation to which
Mr. Barnett was entitled by virtue of his disability, even if it was at the
expense of a non-disabled employee and in violation of an existing seniority
system. Â
Though no dates have
been scheduled, both cases will be argued and decided in the next term, which
begins in October 2001.