Willis
Willis v. Pacific Maritime Ass'n
Opinion
Lead Opinion
Alarcon, J.
ORDER
On July 6, 1999, we deferred issuance of the mandate in these matters pending determination of the petition for a rehearing en banc in Barnett v. U.S. Air, Inc., 157 F.3d 744 (9th Cir.1998) (“Barnett I”). In an order filed on February 1, 2000, this *1162 court ordered that Barnett be reheard en banc and that the three-judge panel opinion in Barnett I not be cited as precedent by this court. This court’s en banc opinion in Barnett v. U.S. Air. Inc., 228 F.3d 1105 (9th Cir.2000) (“Barnett II ”) was filed on October 4, 2000.
Our opinion contains several references to Barnett I. Because Barnett I cannot be cited as precedent, our opinion in these matters is withdrawn and the clerk is directed to file the attached opinion which deletes all references to Barnett I. The mandate shall issue in these matters 21 days after the entry of judgment or further order of this court.
OPINION
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…