The Impact of Federal Labor Policy on the Americans with Disabilities Act of 1990: Collective Bargaining Agreements in a New Era of Civil Rights

I. INTRODUCTION Nearly thirty years have passed since Dr. Martin Luther King dreamed of an America where people would be judged by color of their skin but by content of their character.(1) When Dr. King delivered these famous words, Congress had already taken a major step toward making this dream a reality when it enacted Title VII of Civil Rights Act of 1964, which bars discrimination on basis of race, color, religion, sex, or national origin.(2) However, because neither Title VII nor subsequent federal civil rights legislation addressed private sector discrimination against disabled,(3) Americans with disabilities continued to endure unconscionable employment discrimination.(4) The passage of Americans with Disabilities Act (ADA or the Act)(5) in 1990 signaled recognition of such discrimination and beginning of a new era of employment equality for disabled. Borrowing from Dr. King's language, one individual stated that 'ADA's vision is of an America where persons are judged by their abilities and not on basis of their disabilities.'(6) Even though ADA is designed to foster equal employment opportunity for disabled, it appears to conflict with other federal legislation designed to strengthen position of employees vis-a-vis their employers through process of collective bargaining. This comment examines these conflicts and proposes that, in spite of apparent inconsistencies between federal labor laws and ADA, neither supersedes other and both are necessary to promote and protect civil rights of disabled. Part II provides an overview of Title I of ADA, focusing on duty it imposes on employers to make accommodations for disabled employees. Part III discusses potential conflicts between ADA and National Labor Relations Act.(7) Part IV undertakes a similar analysis of relationship between ADA and Railway Labor Act(8) Finally, Part V reviews specific issue of reassignment and shows how federal labor policy promoting collective bargaining interacts with ADA requirements. This comment concludes by suggesting that both federal labor laws and ADA have positive roles to play in eliminating employment discrimination against disabled. The ADA, by recognizing validity of collective bargaining agreements and their importance in resolving employment disputes, encourages continued use of collective bargaining process and arbitration to protect disabled employees from discrimination. Federal labor laws do not contradict ADA because, while they certainly are capable of addressing grievances of individual employees, laws are primarily concerned with protecting right of employees to speak collectively. The ADA, on other hand, is civil rights legislation specifically designed to provide individual remedies for employees. While a disabled employee may be able to obtain redress through appropriate arbitration proceedings, he must be able to obtain relief in federal court under ADA when his rights are not protected under collective bargaining agreement. II. TITLE I OF THE AMERICANS WITH DISABILITIES ACT A comprehensive and sweeping statute, ADA is composed of several different sections, each of which was enacted to eradicate a particular form of discrimination against disabled.(9) All of sections are significant, but core of Act is Title I, which prohibits all forms of employment discrimination.(1O) Pervasive discriminatory practices against disabled employees and job applicants are well documented;(11) purpose of Title I is to ensure elimination of such practices by imposing affirmative duties on employers.(12) The ADA requires every employer covered under Act(13) to engage in a three-step inquiry regarding its treatment of a disabled individual. Each employer must determine (1) whether applicant or employee is a qualified individual with a disability,(14) (2) whether applicant or employee is capable of performing job's essential functions,(15) and (3) whether employer is required to make a reasonable accommodation. …