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En banc 8th Circuit tosses former UPS driver's disability lawsuit
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<blockquote data-quote="Mugarolla" data-source="post: 3514471" data-attributes="member: 8481"><p>HR Screwed this one up. The HR guy agreed that Faidley could perform the essential job functions of a feeder driver.</p><p></p><p><em>Faidley referred in his affidavit to “the required 9.5 hours per day for that position.” Human resources manager Vince Blood wrote on a 2012 accommodation worksheet, however, that Faidley “preliminarily appear[ed] capable of performing the essential job functions” of the feeder driver role. On the same form, he wrote that Faidley could work no more than eight hours per day. We conclude that is sufficient to create a genuine issue of material fact on Faidley's claim that he was qualified to perform the essential functions of the feeder driver position. </em></p><p><em></em></p></blockquote><p></p>
[QUOTE="Mugarolla, post: 3514471, member: 8481"] HR Screwed this one up. The HR guy agreed that Faidley could perform the essential job functions of a feeder driver. [I]Faidley referred in his affidavit to “the required 9.5 hours per day for that position.” Human resources manager Vince Blood wrote on a 2012 accommodation worksheet, however, that Faidley “preliminarily appear[ed] capable of performing the essential job functions” of the feeder driver role. On the same form, he wrote that Faidley could work no more than eight hours per day. We conclude that is sufficient to create a genuine issue of material fact on Faidley's claim that he was qualified to perform the essential functions of the feeder driver position. [/I] [/QUOTE]
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En banc 8th Circuit tosses former UPS driver's disability lawsuit
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