Brumley v. United Parcel Service, Inc.

Brumley injured her back while unloading packages from a UPS truck. After receiving workers’ compensation and taking a leave of absence, Brumley returned to work. Her supervisor sent her home because her return-to-work letter included injury-related restrictions related to driving and lifting. UPS subsequently informed her that it was initiating an internal ADA “interactive process” and asked Brumley to submit two medical forms to allow the company to evaluate her restrictions and identify possible accommodations. Brumley opted to discontinue the process and had the doctor remove her restrictions. Several months later, she sued UPS for failure to accommodate, in violation of the Americans with Disabilities Act, 42 U.S.C. 12101 (ADA), based on the time she was off work during the process. The district court granted UPS summary judgment. The Sixth Circuit affirmed. The ADA does not obligate employers to make on-the-spot accommodations of the employee’s choosing. Under the ADA, an employer must engage in an “informal, interactive process” with the employee to “identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.” If Brumley voluntarily abandoned the process, UPS is not liable for failing to provide reasonable accommodation. View "Brumley v. United Parcel Service, Inc." on Justia Law