Must wright pursue the dispute provisions of the cba first


On February 18, 1992, while Wright was working for Stevens Shipping and Terminal Company, he injured his right heel and back. He sought permanent compensation from Stevens and settled his claims for $250,000 and another $10,000 in attorney’s fees. Wright was also awarded Social Security disability benefits. In January 1995, Wright, whose doctor had approved his return to work, returned to the hiring hall and asked to be referred for work. Wright did work between January 2 and January 11, 1995, but then the companies realized that Wright had been certified as permanently disabled. They deemed him not qualified for longshoreman work under the CBA and refused to allow him to work for them. Wright did not file a grievance under the CBA but instead hired a lawyer and proceeded with a claim under the Americans with Disabilities Act. The district court dismissed the case because Wright had not pursued the grievance procedure provided by the CBA. Must Wright pursue the dispute provisions of the CBA first, or may he go directly to court under the Americans with Disabilities Act? [Wright v.International Maritime Service Corp., 525 U.S. 70]

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