Faidley v. United Parcel Service

The Eighth Circuit granted rehearing en banc and vacated the panel opinion in Faidley v. United Parcel Serv. of Am., Inc., 853 F.3d 447 (8th Cir. 2017).The court affirmed the district court's grant of summary judgment for UPS in an action alleging that UPS violated the Iowa Civil Rights Act (ICRA) when it placed him on medical leave from his long time position as a package car driver and then failed to reasonably accommodate his physical disability. The court held that UPS did not violate the Americans with Disabilities Act (ADA) or ICRA by refusing plaintiff's request for an eight-hour work day because that accommodation would have made him unqualified to perform the essential job functions of a package car driver. The court also held that no reasonable jury could find that UPS's decision to instead pursue reassignment to full-time jobs which plaintiff had suggested, and for which he was immediately qualified, was disability discrimination; UPS did not violate the ADA when it refused to accommodate an expert's restrictions of working certain hours per day; and a reasonable jury could not find that UPS acted in bad faith. View "Faidley v. United Parcel Service" on Justia Law