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Husband is a driver, had a seizure, now what?
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<blockquote data-quote="87114" data-source="post: 236177"><p>You've posted that tripe before haven't you?</p><p></p><p>So that's your *professional* legal opinion? That the ADA *requires* UPS to "accommodate an employee with or without a reasonable accommodation?"</p><p></p><p>*Dozens* of courts across the country seem to have the idea that you're FOS.</p><p></p><p>We'll go through it one more time so you might get up to speed:</p><p></p><p>Whatever job you are trying to fill MUST EXIST - UPS does NOT have to "create" one for you.</p><p></p><p>You have to be qualified to fill that position - UPS doesn't have to go to any unreasonable lengths to train or prepare you to fill it.</p><p></p><p>And MOST IMPORTANTLY you must be FULLY CAPABLE of performing the functions of that job with REASONABLE ACCOMMODATION. Period. UPS does not have to significantly modify the functions of any job to accommodate you. Period.</p><p></p><p>"Reasonable" means, for instance, that if you can perform your driving job provided you wear a knee brace, or perhaps as long as you get lumbar support on your seat - then that is reasonable. But that means you're FULLY capable of performing that job - and that means you'll frequently lift up to 70 lbs, you'll be climbing in and out, you'll frequently be bending, stooping, stretching, etc.</p><p></p><p>You get a silly 20 pound lifting restriction and there is NO possibility of you being reasonably accommodated and you're DONE driving.</p><p></p><p>But it doesn't end there - you have a dopey 20 pound lifting restriction and you're pretty much done with ANY job at UPS. Fundamental job requirements of every hourly job I can think of off hand require lifting more than that.</p><p></p><p>Plenty of legal precedent on that. All over - not just with UPS.</p><p></p><p>Hopefully nobody takes your amateur legal advice seriously.</p></blockquote><p></p>
[QUOTE="87114, post: 236177"] You've posted that tripe before haven't you? So that's your *professional* legal opinion? That the ADA *requires* UPS to "accommodate an employee with or without a reasonable accommodation?" *Dozens* of courts across the country seem to have the idea that you're FOS. We'll go through it one more time so you might get up to speed: Whatever job you are trying to fill MUST EXIST - UPS does NOT have to "create" one for you. You have to be qualified to fill that position - UPS doesn't have to go to any unreasonable lengths to train or prepare you to fill it. And MOST IMPORTANTLY you must be FULLY CAPABLE of performing the functions of that job with REASONABLE ACCOMMODATION. Period. UPS does not have to significantly modify the functions of any job to accommodate you. Period. "Reasonable" means, for instance, that if you can perform your driving job provided you wear a knee brace, or perhaps as long as you get lumbar support on your seat - then that is reasonable. But that means you're FULLY capable of performing that job - and that means you'll frequently lift up to 70 lbs, you'll be climbing in and out, you'll frequently be bending, stooping, stretching, etc. You get a silly 20 pound lifting restriction and there is NO possibility of you being reasonably accommodated and you're DONE driving. But it doesn't end there - you have a dopey 20 pound lifting restriction and you're pretty much done with ANY job at UPS. Fundamental job requirements of every hourly job I can think of off hand require lifting more than that. Plenty of legal precedent on that. All over - not just with UPS. Hopefully nobody takes your amateur legal advice seriously. [/QUOTE]
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