EEOC Can Contest UPS Return-to-Work Rule As Illegal Qualification Standard Under ADA

[Returntosender]

Feb. 12 --A federal judge in Chicago Feb. 11 ruled that the Equal Employment Opportunity Commission can pursue its claim challenging United Parcel Service Inc.'s policy of discharging employees who can't return to work after 12 months of leave, finding that the rule may be an unlawful qualification standard under the Americans with Disabilities Act


http://www.bna.com/eeoc-contest-ups-n17179882094/

 

[upschuck]

In the above referenced article, it states:

“The key to avoiding trouble under the Americans with Disabilities Act, is to be constantly asking the question 'Can we get this employee back on the job with a reasonable accommodation?' and certainly not to be asking only 'Has this employee been on leave long enough for us to get rid of him?' ” the EEOC's John Hendrickson said.

That would be so unlike UPS.