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Does a disability override seniority on a bid?
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<blockquote data-quote="happybob" data-source="post: 1632939" data-attributes="member: 4724"><p>Is the driver an ADA case or a case of UPS moving him to another job without the ADA being implemented? Do you know the difference? He can't drive anymore because of a medical condition that is covered under the collective bargaining agreement and the company is required under the contract to move him to another job? He can't drive any more because of a medical disability that would be an ADA qualified disability? The company went through the ADA process with the individual and they had an open full time position that he could perform with his ADA qualified disability, with or without reasonable accommodations being made to that new job?</p><p></p><p>The company has many different ways of dealing with injured workers, disqualified drivers and disabled employees. Do they always deal with these issues correctly, NO, and they will admit to that fact in a court of law if and when it gets that far. My own situation took a lot of years and lots of court action to get it taken care of. In the end, I was put back to work in a different job than the one I was doing before my disability became an issue. The job I was moved to had reasonable accommodations made to the essential functions of the job and in the end their was a settlement offered and accepted. I can only hope the company does better at dealing with ADA cases in the future.</p></blockquote><p></p>
[QUOTE="happybob, post: 1632939, member: 4724"] Is the driver an ADA case or a case of UPS moving him to another job without the ADA being implemented? Do you know the difference? He can't drive anymore because of a medical condition that is covered under the collective bargaining agreement and the company is required under the contract to move him to another job? He can't drive any more because of a medical disability that would be an ADA qualified disability? The company went through the ADA process with the individual and they had an open full time position that he could perform with his ADA qualified disability, with or without reasonable accommodations being made to that new job? The company has many different ways of dealing with injured workers, disqualified drivers and disabled employees. Do they always deal with these issues correctly, NO, and they will admit to that fact in a court of law if and when it gets that far. My own situation took a lot of years and lots of court action to get it taken care of. In the end, I was put back to work in a different job than the one I was doing before my disability became an issue. The job I was moved to had reasonable accommodations made to the essential functions of the job and in the end their was a settlement offered and accepted. I can only hope the company does better at dealing with ADA cases in the future. [/QUOTE]
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Does a disability override seniority on a bid?
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