ADA Information: Garrett Case
Supreme Court Will Clarify Protections For Workers with Disabilities
On April 16, the U.S. Supreme Court agreed to consider two cases concerning the amount of protection that workers have under the Americans with Disabilities Act. One case involves a Toyota worker in Kentucky who claims she is partially disabled but still able to perform some duties. She wants Toyota to make appropriate worksite accommodations for her.
The other case concerns a San Francisco employee of US Airways. He claims his disability entitles him to change to a job that he is able to do, even if that requires "bumping" more senior workers who have applied for the same position.
The cases are Toyota v. Williams and US Airways v. Barnett. The timing for decisions in these cases is uncertain. The Court agreed to hear on both these cases following its 5 to 4 decision in Alabama v. Garrett, which held that state employees cannot sue for monetary damages under the ADA. See the online discussion of Garrett.