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ARTICLE · 11 NOVEMBER 2015

Jury Sides With FedEx In ADA Failure To Accommodate Case

Bradley Arant Boult Cummings LLP
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For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California.

United StatesEmployment and HR
Anne Yuengert
Anne Yuengert

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee injured on the job, extended leave and, finally, the company's decision to go ahead and fill the job and terminate the employee. Pretty scary facts in any jurisdiction, let alone California.

In January 2013, Robert Gardner injured his neck and shoulder while performing his job as a Ramp Transport Driver for FedEx. Company policy provides for 90 days of job protected leave, which expired on May 7, 2013. Gardner told FedEx he had a doctor's appointment on May 21 and the company granted a two-week extension of his leave to cover the appointment. The doctor released him to return to work with restrictions on lifting and commercial driving and he did not return to work and the doctor did not offer a date on which Gardner would likely be able to return to

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