West Virginia Record

Wednesday, April 1, 2020

Man sues UPS for ADA violations

Federal Court

By Kyla Asbury | Feb 17, 2020

Wheelchair

CHARLESTON — A man is suing United Parcel Services Inc. (UPS) for allegedly failing to comply with the Americans with Disabilities Act (ADA).

Jay Hannah initially filed the lawsuit in Wood Circuit Court. UPS removed the case to federal court on Feb. 11.

Hannah started working part-time for UPS in October 2004 and was filed as a full-time driver in January 2008, according to the suit.

Hannah claims he always performed his duties satisfactorily or better and met the defendant's expectations, but he suffered an on-the-job work injury on Dec. 13, 2017, that would leave him unable to sit for prolonged periods while driving.

The plaintiff continued to work with his injury, not aware that he could seek accommodation for the injury and, in March 2018, Hannah received a cortisone injection in his back to temporarily relieve the pain.

Hannah claims the following month, the back pain returned and he was unable to perform his job since he could not sit for long periods of time.

After his back pain returned, he requested a delivery truck that had softer suspension, which was readily available, but UPS refused to provide him with the vehicle, according to the suit.

Hannah claims his treating physician told him on Sept. 17, 2018, that while he could return to work without lifting restrictions, he should avoid prolonged sitting. A month later, he again requested a reasonable accommodation from UPS for the delivery truck with softer suspension but was denied.

The plaintiff also requested a transfer to a different position that did not involve driving and told UPS he was willing to commute up to 30 miles from his residence if he could be transferred to another location, but he was refused that accommodation as well.

Hannah claims he was not allowed to return to work between April 2018 and May 2019, when he was finally released to work with no restrictions.

Hannah claims UPS violated the ADA by failing to accommodate him and discriminated against him due to his disability.

Hannah is seeking compensatory and punitive damages. He is represented by Hoyt Glazer of the Law Office of Hoyt Glazer in Huntington.

UPS removed the case to federal court alleging that because Hannah made claims under the ADA, the case belonged in federal court.

UPS is represented by Richard M. Wallace and Kameron T. Miller of Littler Mendelson of Charleston.

U.S. District Court for the Southern District of West Virginia Case number: 2:20-cv-00120

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U.S. District Court for the Southern District of West Virginia Charleston Division