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UPS did not need to create a new position as an accommodation, court says
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<blockquote data-quote="cheryl" data-source="post: 4161693" data-attributes="member: 1"><p><a href="https://www.hrdive.com/news/ups-did-not-need-to-create-a-new-position-as-an-accommodation-court-says/560401/" target="_blank"><strong>UPS did not need to create a new position as an accommodation, court says - HR Dive</strong></a></p><p></p><p><span style="font-size: 15px"><strong>Dive Brief:</strong></span></p><ul> <li data-xf-list-type="ul">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 (<a href="http://www.ca5.uscourts.gov/opinions/unpub/18/18-50903.0.pdf" target="_blank"><em>Gonzalez v. United Parcel Service</em></a>, No. 18-50903 (5th Cir. July 31, 2019)).</li> <li data-xf-list-type="ul">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.</li> </ul></blockquote><p></p>
[QUOTE="cheryl, post: 4161693, member: 1"] [URL='https://www.hrdive.com/news/ups-did-not-need-to-create-a-new-position-as-an-accommodation-court-says/560401/'][B]UPS did not need to create a new position as an accommodation, court says - HR Dive[/B][/URL] [SIZE=4][B]Dive Brief:[/B][/SIZE] [LIST] [*]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 ([URL='http://www.ca5.uscourts.gov/opinions/unpub/18/18-50903.0.pdf'][I]Gonzalez v. United Parcel Service[/I][/URL], 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. [/LIST] [/QUOTE]
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UPS did not need to create a new position as an accommodation, court says
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