Attorney Brauer asserts that, while other federal legislation dealing with employee discrimination has viewed distinctions between workers as largely irrational, the ADA has turned that precept on its head: it requires that workers not be treated the same. The ADA does not support resolution of such disputes by arbitration under a CBA. The author examines the bases for precluding arbitrators from ruling, and for permitting them to rule on the application of various statutes. He advocates a greater role for unions and arbitrators, and reversal of the Gardner-Denver line of cases.