Filed Date: 2004
Closed Date: 2010
Clearinghouse coding in progress
On March 10, 2004, the plaintiff, a male, alleged that his employer violated the Americans with Disabilities Act (the ADA), 42 U.S.C.S. § 12101 against United Parcel Service Incorporated in United States District Court for the Western District of Pennsylvania. The plaintiff, represented by private counsel, sought declaratory and injunctive relief, equitable relief in the form of back pay and front pay (in lieu of reinstatement), attorneys' fees and costs, and sizable compensatory damages and potentially punitive damages.
Specifically, the plaintiffs challenged a de facto "100 percent healed" return-to-work policy, claiming it constituted a per se violation of the ADA's requirements relating to the making of reasonable accommodations.
On December 27, 2005, the court granted the plaintiff's motion in to consolidate the case with Branum v. United Parcel Service, Inc., 232 F.R.D. 505 (W.D. Pa. 2005), brought by an individual UPS employee making the same claims.
The parties signed a consent decree applicable to the entire class on December 22, 2008, however on September 9, 2009, the Seventh Circuit Court of Appeals reversed the District Court's certification of the class. The case was then remanded to the District Court.
On August 31, 2010, the parties submitted a joint stipulation of dismissal, and the case was closed. We have no further information and do not know the circumstances under which the case was dismissed.
Summary Authors
Joshua Arocho (8/3/2012)
Conti, Joy Flowers (Pennsylvania)
Bagin, Christian (Pennsylvania)
Broggi, Donald A. (California)
Comite, Erin G. (Connecticut)
Bernstein, Dori K. (District of Columbia)
State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Private Employment Class Actions
Key Dates
Filing Date: 2004
Closing Date: 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Employees, including those absent and receiving compensation or other benefits, since May 10, 2000, who have been absent from work because of medical reasons and UPS's alleged 100% healed policy
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
United Parcel Service Incorporated, Private Entity/Person
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Discrimination Area:
Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)
Discrimination Basis: