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UPS did not need to create a new position as an accommodation, court says - HR Dive
- UPS did not violate the Americans with Disabilities Act (ADA) when it refused to provide accommodations requested by a worker returning from surgery and then terminated him; the worker was not a "qualified individual" under the law, the 5th U.S. Circuit Court of Appeals ruled (Gonzalez v. United Parcel Service, No. 18-50903 (5th Cir. July 31, 2019)).
- After the surgery, the employee had numerous restrictions, as concluded by his doctor: He was incapable of continuous repetitive upper-body movements and could not work for longer than four hours. He also had impaired decision-making and concentration abilities. The employee requested a part-time position and an ergonomic work station. UPS could provide an ergonomic work station but did not have any part-time jobs available; the employee would have been disqualified from part-time work at UPS in any event due to his diminished cognitive abilities, the court said.