Jerry Lee Faidley Plaintiff - Appellant v. United Parcel Service of America, Inc. Defendant

[cheryl]

Jerry Lee Faidley Plaintiff - Appellant v. United Parcel Service of America, Inc. Defendant - Appellee - FindLaw

United States Court of Appeals, Eighth Circuit.

Jerry Lee Faidley Plaintiff - Appellant v. United Parcel Service of America, Inc. Defendant - Appellee
No. 16-1073​

Decided: April 04, 2017
​

Before KELLY and MURPHY, Circuit Judges, and MONTGOMERY,1 District Judge.

Plaintiff Jerry Faidley worked as a delivery driver for defendant United Parcel Service of America (UPS). His doctor restricted his work activity after he hurt his back, and UPS did not offer him another full time position that he was able to perform. He sued for disability discrimination and retaliation. The district court granted summary judgment to UPS on all claims. Faidley appeals, and we affirm in part, reverse in part, and remand.

 

[cosmo1]

I'll come back and read this tomorrow when I'm more awake.

 

[Indecisi0n]

His doctor shouldn't have permanently restricted him to 8 hours. If not for that he could have been a feeder driver. Sure he would work more than 8 hours but as a feeder driver it wouldn't be physically demanding.