Synopsis By: Lurie - Proceeding Author: Gail Lopez-Henriquez

The author notes that the first obligation of a labor union is to the group rights of its members, and that those interests may be contrary to a disabled member’s rights under the ADA. In Goodman v. Lukens, the Supreme Court said that if a union failed to grieve a race discrimination claim, it might be an accomplice in that discrimination. The author questions whether the same standard might apply to the ADA and notes several ways in which advocacy of an ADA claim by the union might not be in the affected employee’s best interest.