Carey v. Local 612 International Union of Operating Engineers

**Union Member Loses Discrimination Case Due to Size Requirements** Michael Carey, a member of Local 612 International Union of Operating Engineers, sued both his union and employer claiming discrimination and unfair treatment. Carey alleged that he faced disability discrimination under the Americans with Disabilities Act (ADA) and that his union failed to properly represent him in workplace disputes, violating their duty to treat all members fairly. The Ninth Circuit Court of Appeals ruled against Carey on all claims. The court found that his employer was too small to be covered by the ADA, which only applies to companies with 15 or more employees. Additionally, the court determined that the union had not breached its duty of fair representation, meaning they had adequately represented Carey's interests as required by law. This case highlights important limitations workers should understand. The ADA's protection against disability discrimination only applies to larger employers - smaller workplaces may not be covered. Additionally, while unions have a legal duty to represent their members fairly, this duty has limits. Workers at small companies may need to look to state laws for disability protection, as federal ADA coverage doesn't extend to all workplaces. Union members should also understand that fair representation doesn't guarantee favorable outcomes in every dispute.