Hohider v. United Parcel Serv., 2009 WL 2183267 (3d Cir., July 23, 2009) – The plaintiffs in this case sought class certification challenging UPS’ alleged “100% release” or “no restrictions” policy, which allegedly prohibits employees from returning to work unless they are able to return to their former positions without any medical restrictions. The Third Circuit Court of Appeals found class certification was inappropriate because the complex inquiry necessary to the “qualified individual with a disability” assessment cannot be made in the context of a class action, but rather requires an individualized inquiry on a case-by-case basis. The Third Circuit further noted that it has not previously addressed whether a “100% healed” policy constitutes per se discrimination under the Americans with Disabilities Act (ADA), and found it was not necessary to reach that issue at this time, but noted that other courts have declared such policies violative of the ADA.
Note: This article was published in the August 2009 issue of the New Jersey eAuthority.
