WILLIS v. PACIFIC MARITIME ASS'N

Nos. 97-16778, 97-16779.

162 F.3d 561 (1998)

David WILLIS, Plaintiff-Appellant, v. PACIFIC MARITIME ASSOCIATION; International Longshoremen's & Warehousemen's Union, Local # 10.; International Longshoremen's and Warehousemen's Union, Defendants-Appellees. Paul GOMEZ, Plaintiff-Appellant, v. PACIFIC MARITIME ASSOCIATION; International Longshoremen's & Warehousemen's Union, Local # 10.; International Longshoremen's and Warehousemen's Union; International Longshoremen's & Warehousemen's Union, Local # 34, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1998.


Attorney(s) appearing for the Case

Kathleen A. McCormac and Carolyn Hunt Cottrell (on the briefs), Schneider & McCormac, San Francisco, California, for the plaintiffs-appellants.

D. Ward Kallstrom and Gregory D. Wellons (on the briefs), Lillick & Charles, San Francisco, California; Richard S. Zuckerman (on the briefs), Leonard, Carder, Nathan, Zuckerman, Ross, Chin & Remar, San Francisco, California, for the defendants-appellees.

Before: ALARCON, O'SCANNLAIN and FERNANDEZ, Circuit Judges.


ALARCON, Circuit Judge:

We must consider for the first time whether the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12213, requires an employer to violate the seniority provisions of a collective bargaining agreement to accommodate a disabled employee. We affirm because we conclude that such an accommodation would be per se unreasonable where, as here, the collective bargaining agreement contains bona fide seniority provisions.

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