UPS “100% RELEASE” ADA CLASS ACTION
Scott+Scott is litigating an employment discrimination action against United Parcel Service, Inc. (“UPS”) under the Americans with Disabilities Act of 1990 (“ADA”) – Mark Hohider, et al. v. United Parcel Service, Inc., et al., and Branum v. United Parcel Service, Inc., et al., Consolidated Civil Action No. 04-0363 (W.D. Pa.). Unfortunately, on July 23, 2009 the Third Circuit Court of Appeals reversed the July 16, 2007 decision of the District Court, granting class action status to all persons throughout the U.S. employed by UPS at any time since May 10, 2000 who were denied the ability to return to work at UPS after an illness or injury because of one or more of the following three policies: (1) UPS’s corporate-wide “100% healed” policy; (2) UPS’s allegedly discriminatory implementation of its formal ADA compliance policy; or (3) the allegedly discriminatory use by UPS of uniform pretextual job descriptions. Plaintiffs are, of course, disappointed with the Third Circuit decision and are considering the best course of action to take to protect the rights of persons who would have been members of the class. If you believe you have been affected by UPS’s discriminatory conduct as alleged in this action, please read the FAQ and NEXT STEPS links which describes steps you must take to protect your rights. Please return to this site for updated news.
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