UPS prevails in Ninth Circuit in disability discrimination suit

Client(s) United Parcel Service (UPS)

Jones Day secured an appellate victory for United Parcel Service, Inc. ("UPS") in the U.S. Court of Appeals for the Ninth Circuit, which affirmed summary judgment in favor of UPS in a disability discrimination suit. Plaintiff raised nine causes of action under California law alleging (among other things) that UPS violated the Fair Employment and Housing Act when UPS purportedly failed to offer plaintiff a union position as a reasonable accommodation for his back disability. The Ninth Circuit rejected that argument. Adopting UPS's reasoning, the Ninth Circuit held that, where no available union position meets a union-member employee's disability restrictions, a non-union position can be a reasonable accommodation.

Gary Martirosyan v. UPS, et al., No. 23-55814 (9th Cir.)