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Old 03.14.2008
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UPS ordered to reinstate epileptic driver
UPS ordered to reinstate epileptic driver
3/14/08
Quote:
The U.S. Court of Appeals for the First Circuit upheld a district court’s determination that UPS had discriminated on the basis of disability under the Maine Human Rights Act for refusing to reinstate an epileptic commercial vehicle driver.

UPS had argued that its action was acceptable given that federal law prohibits persons with epilepsy from driving commercial vehicles of 10,001 pounds or more. State law regulates the driving of trucks under that weight, but UPS refused to reinstate the driver to operate the 8,500-pound vehicle that he drove before the diagnosis.

The lower court ruled that UPS had the burden to prove its safety claim. The driver received back pay of more than $74,000 and was ordered reinstated. [LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.
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Old 03.14.2008
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???????
I have a friend with epilepsy and he cant even get a drivers license
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Old 03.14.2008
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If the guy is on meds with a completely 100% flawless track record of 100% suppression of any seizures whatsoever, I'd say UPS is in the wrong on this. If anything other than that is the case, that's completely insane.
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Old 03.14.2008
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I'm glad to see this driver won. Good for him challenging them.
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Old 03.14.2008
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i understand this driver needs his job , but has he thought about what if he has a seizure and kills someones child ,whife ,husband , grandmother ,grandfather, girlfriend, boyfriend,cousin,preacher,teacher,etc?????
does he care??? or is money more important???? I'm truly sorry this person is sick!!!!!!
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Old 03.14.2008
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Originally Posted by JTode View Post
If the guy is on meds with a completely 100% flawless track record of 100% suppression of any seizures whatsoever, I'd say UPS is in the wrong on this. If anything other than that is the case, that's completely insane.
I asked and in Wisconsin you need to be seizure free for one year
And you need your doctor to sign off
The problem is medication becomes less effective with time, depending on the person.
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Old 03.14.2008
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The problem is medication becomes less effective with time, depending on the person.
Like any other pills. The smart thing for UPS to do is to figure out something non-driving they can kick the guy "up" into, like supervising loading or something like that, with a raise. S'what they shoulda done in the first place, though showing that kind of loyalty to employees is not the norm in almost any workplace these days.

But then, he might be a moron as well...
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Old 03.14.2008
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I feel for the guy needing a job and all.. but if i were subject to seizures... I wouldn't want to drive... I mean could you imagine a driver going into seizures # 70mph in a 4 lane traffic situation? That would be insane.
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Old 03.14.2008
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I feel for the guy needing a job and all.. but if i were subject to seizures... I wouldn't want to drive... I mean could you imagine a driver going into seizures # 70mph in a 4 lane traffic situation? That would be insane.
Same reason you don't want your surgeon to suffer from Parkinson's.

Shaky hands are not good.

Grand Mal seizure at 70 mph would be a real mess to say the least.
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Old 03.14.2008
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Its just a massacre waiting to happen IMHO.
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