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Husband is a driver, had a seizure, now what?
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<blockquote data-quote="happybob" data-source="post: 236369" data-attributes="member: 4724"><p>It seems you have read many legal precedents set in different courts around the country, or has someone higher up than yourself feed you this line. Have you read the recent 205 page court decission allowing the Class Suit filed against the company in the Pa Federal Distric Court. If you have, and I truely doubt it, then you would have read about the company useing the 100% healed policy before allowing injured employees to return to work as being a "perse" violation of the ADA. And, did you also read how the company is useing pretextual job descriptions to discriminate against it's employees. You see, I have read the decision, because of its profound effects in my case against the company. It's in the courts hands at this time that the company has in the past been able to accommodate individuals with severe lifting restrictions. They also have had thier management personnel testify that they retrained this individual to attain another position within the company. You see, precedent has been set. The company wil not be able to undo it's past practices. They are all in the courts now. UPS's dirty little secrets are now in the courts hands. You think 87 million for the lunch hour law suit was a lot of money? This case will dwarf that settlement.</p><p> </p><p>What you havn't done in your post is address the Article 20 issues. When you are medically disqualified from driving, and I can't see how you would doubt that fact if the individual is having seizures, then he/she has a right to bump juniors part-timers, or junior full time inside workers, from their position. </p><p> </p><p>You obviously have no legal training, and NEITHER no I. Argueing what the ADA calls for will better be argued by Attorneys, and not us. For any employee that has a disibility, and that disibility affects a major life function is entitled to relief. You must know your rights, and the best place to get that help is a lawyer. The EEOC is the government agency charged with settleing disputes between emploers and employees and this should be this persons first stop. Let them tell him/her if they are entitled to the benefits of the ADA. Contacting the Local Union and discussing his/her Article 20 rights must also be looked at. File a grievance under Article 20 now, not LATER. Good luck, and by the grace of GOD I pray your spouse recieves what's right.</p></blockquote><p></p>
[QUOTE="happybob, post: 236369, member: 4724"] It seems you have read many legal precedents set in different courts around the country, or has someone higher up than yourself feed you this line. Have you read the recent 205 page court decission allowing the Class Suit filed against the company in the Pa Federal Distric Court. If you have, and I truely doubt it, then you would have read about the company useing the 100% healed policy before allowing injured employees to return to work as being a "perse" violation of the ADA. And, did you also read how the company is useing pretextual job descriptions to discriminate against it's employees. You see, I have read the decision, because of its profound effects in my case against the company. It's in the courts hands at this time that the company has in the past been able to accommodate individuals with severe lifting restrictions. They also have had thier management personnel testify that they retrained this individual to attain another position within the company. You see, precedent has been set. The company wil not be able to undo it's past practices. They are all in the courts now. UPS's dirty little secrets are now in the courts hands. You think 87 million for the lunch hour law suit was a lot of money? This case will dwarf that settlement. What you havn't done in your post is address the Article 20 issues. When you are medically disqualified from driving, and I can't see how you would doubt that fact if the individual is having seizures, then he/she has a right to bump juniors part-timers, or junior full time inside workers, from their position. You obviously have no legal training, and NEITHER no I. Argueing what the ADA calls for will better be argued by Attorneys, and not us. For any employee that has a disibility, and that disibility affects a major life function is entitled to relief. You must know your rights, and the best place to get that help is a lawyer. The EEOC is the government agency charged with settleing disputes between emploers and employees and this should be this persons first stop. Let them tell him/her if they are entitled to the benefits of the ADA. Contacting the Local Union and discussing his/her Article 20 rights must also be looked at. File a grievance under Article 20 now, not LATER. Good luck, and by the grace of GOD I pray your spouse recieves what's right. [/QUOTE]
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Husband is a driver, had a seizure, now what?
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