En banc 8th Circuit tosses former UPS driver's disability lawsuit

[trickpony1]

I think all this boils down to the old, "...if we do it for him then we have to do it for everyone." philosophy.

I imagine there are people that think he could do an 8 hour job but have to "toe the line" and espouse the corporate "esprit de corps".

 

[oldngray]

I think all this boils down to the old, "...if we do it for him then we have to do it for everyone." philosophy.

I imagine there are people that think he could do an 8 hour job but have to "toe the line" and espouse the corporate "esprit de corps".

They could do it but don't want to set a precedent by being forced to do it. They can be nice and go out of their way to help out someone in a situation like this but they don't have to. It could be there are other issues not being reported or it could just be his boss is an .

 

[Mugarolla]

if you know him personally then anything I say is a moot point but...

Nope. Never heard of him until today.

my degree isn't in English but it seems to me that "may", "might" and "can" don't sound/mean the same as "shall".

6 judges on the 8th US Circuit Court disagree with you, and I'm sure they all have degrees in something.

When they let him work inside was it for 8 hours or 5?
I hope his attorney is all over this.

They gave him 8 hours. He said it was too demanding.

 

[Mugarolla]

UPS Package Delivery Driver description.

"The UPS Package Delivery Driver position is a physical, fast-paced, outdoor position that involves continual lifting, lowering and carrying packages that typically weigh 25 - 35 lbs. and may weigh up to 70 lbs. A DOT physical exam is required. Package Delivery Drivers must have excellent customer contact and driving skills, including the ability to operate a vehicle equipped with a standard (manual) transmission. Qualified applicants must have a valid driver’s license issued by this state. Package Delivery Drivers are expected to comply with UPS appearance guidelines and wear the company-provided uniform. Full-time UPS employees work eight or more hours each weekday (Monday through Friday) and typically do not work on weekends or selected holidays. "

 

[Mugarolla]

They could do it but don't want to set a precedent by being forced to do it.

Nope.

They actually did it for him. He just complained that it was too demanding, and had his doctor reduce his 8 hour restriction down to 4

Here is the case

https://caselaw.findlaw.com/us-8th-circuit/1855375.html

 

[oldngray]

Nope.

They actually did it for him. He just complained that it was too demanding, and had his doctor reduce his 8 hour restriction down to 4

Here is the case

https://caselaw.findlaw.com/us-8th-circuit/1855375.html

So they went out of their way to help him but he wasn't satisfied? Sounds like he had no case to complain about.

 

[trickpony1]

They gave him 8 hours. He said it was too demanding.

Sometimes I think offering an employee in this situation 8 hours working inside is just to get the company off the hook.

"Well...we offered him 8 hours working inside". The company just washed their hands of any liability.

Backing a trailer is a skill. Any "'ol Joe" walking in off the street can't do it. Surely there is a shifter job available.

You haven't mention how old this guy is...overweight?, not a pro-class bodybuilder?

 

[trickpony1]

So they went out of their way to help him but he wasn't satisfied? Sounds like he had no case to complain about.

Would you rather work in that hot, sweaty, God forsaken hub humping boxes for 8 hours or would you rather have an inside/outside 22.3 job?...maybe with half of the job driving a shuttle?

 

[oldngray]

Sometimes I think offering an employee in this situation 8 hours working inside is just to get the company off the hook.

"Well...we offered him 8 hours working inside". The company just washed their hands of any liability.

Backing a trailer is a skill. Any "'ol Joe" walking in off the street can't do it. Surely there is a shifter job available.

You haven't mention how old this guy is...overweight?, not a pro-class bodybuilder?

The problem there might be if the shifter is a bid job and he doesn't have enough seniority or right to bump someone else already doing that job.

 

[oldngray]

Would you rather work in that hot, sweaty, God forsaken hub humping boxes for 8 hours or would you rather have an inside/outside 22.3 job?...maybe with half of the job driving a shuttle?

Again, is there a 22.3 job available that he can bid on? They don't have to create a new one just for him. They do it sometimes but aren't required to do so.

 

[trickpony1]

They do it sometimes but aren't required to do so.

Yup...we sure wouldn't want them to do anything that isn't required of them but then:

-the hourly are expected/required to perform superhuman feats and;

-the company, some how, seems to rank high on some opinion poll of the nation's "warm, fuzzy and people oriented places to work".

 

[trickpony1]

They actually did it for him. He just complained that it was too demanding, and had his doctor reduce his 8 hour restriction down to 4

Anyone ever heard of "work hardening"?

 

[Mugarolla]

Anyone ever heard of "work hardening"?

I went through work hardening after one of my injuries. It did get me geared up to come back.

The Company did offer him work besides package driving that fell within his medical restrictions.

And if he is in a small hub or center, the easy jobs are usually already taken by high seniority employees.

Could UPS have tried a little harder? Yes.

Did they satisfy the ADA ? Yes.

I feel for the guy, but if he is hurt that bad, and not seemingly able to get any better, he may have to go on permanent disability.