Case Updates
Third Circuit reverses district court decision
July 23, 2009
The Third Circuit reversed a district court decision certifying the largest class in the history of the Americans with Disabilities Act (ADA).
U.S. Chamber files amicus brief challenging certification of ADA class action
March 17, 2008
NCLC requested that the Third Circuit reverse a district court order certifying the largest class in the history of the Americans with Disabilities Act (ADA). The plaintiffs argue that several UPS policies violate the ADA, including an alleged de facto policy that requires medically impaired employees to be “100% healed” before returning to work; the policy for consideration of requests for accommodation; and a policy that establishes uniform job descriptions that allegedly fail to describe the “essential” job functions. The class would include all current and former United Parcel Service (UPS) employees who took medical leave and subsequently were unable to return to work pursuant to UPS policies. NCLC's amicus brief argued that the class should be decertified because the district court failed to assess whether the plaintiffs’ claims can be tried manageably as a class-wide basis. Because ADA claims require individualized proof, a class action would not be manageable. Additionally, permitting the certification of a class action this size would set a precedent for future discrimination cases, creating strong pressures on employers to settle similar suits regardless of their merit.