May 14, 2018 / 9:35 PM / 9 months ago

En banc 8th Circuit tosses former UPS driver's disability lawsuit

A federal appeals court on Friday threw out a lawsuit from a former driver for United Parcel Service of America Inc accusing the shipping giant of failing to accommodate his disability.

Partially reversing a three-judge panel’s prior decision, the 8th U.S. Circuit Court of Appeals said in a 6-3 ruling that Jerry Faidley was unqualified for a “feeder driver” job that was less physically demanding than his previous position as a matter of law because he could not perform the essential functions of that job. The Americans with Disabilities Act did not require UPS to offer him a position for which he was unqualified, the en banc panel said.

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