Court Certifies Landmark ADA Class Action Against UPS

David Scott of Scott + Scott and lead litigation counsel in Hohider v. UPS, 04-363 (W.D. Pa. July 16, 2007), brings word that the Western District of Pennsylvania has just certified a nationwide action on behalf of certain UPS present and former employees. This is a matter of first impression in application of the class-action mechanism to this type of ADA case.

The action challenges an alleged systemic policy and practice at UPS of not allowing employees back to work after an injury or medical leave of absence absent a doctor's note indicating the employee is "100% healed" or has no work restrictions.  Of course, if true, such conduct would amount to disability discrimination and failure to reasonably accommodate the employees in question.

Clearly, certification of this large class goes a long way in having the case come out favorably in favor of the class plaintiffs. 

Attached is a press release from Scott & Scott and a link to the 204-page class certification opinion in the case can be found at the link above.

PS