University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Branum v. United Parcel Service, Inc. EE-PA-0206
Docket / Court 2:04-cv-00363 ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Case Summary
[THIS SUMMARY NEEDS TO BE MERGED INTO EE-PA-203]

On November 4, 2004, an individual employee filed a lawsuit under the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12101 et seq., in the United States District Court for the Western District of Pennsylvania against his ... read more >
[THIS SUMMARY NEEDS TO BE MERGED INTO EE-PA-203]

On November 4, 2004, an individual employee filed a lawsuit under the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12101 et seq., in the United States District Court for the Western District of Pennsylvania against his employer, United Parcel Service ("UPS"). The plaintiff, represented by private counsel, alleged disability discrimination and retaliation and asked the court for injunctive, declaratory, and equitable relief. Specifically, the plaintiff claimed that he suffered from post-traumatic stress disorder following service in the Vietnam War, and contended that both supervisors and co-workers aware of his disability created a hostile work environment.

On December 7, 2004, the defendant filed a motion to dismiss the class action allegation and class claims. On December 23, 2005, the court (Judge Joy Flowers Conti) denied the defendant's motion to dismiss the case, noting the possibility for class claims to develop from the plaintiff's allegations. Branum v. United Parcel Service, 232 F.R.D. 505 (W.D. Pa. 2005).

According to the PACER docket, on December 27, 2005, the court granted the plaintiff's motion to consolidate the case with Hohinder v. United Parcel Service, which had started March 10, 2004 in the United States District Court for the Western District of Pennsylvania. This terminated the Branum case and Hohinder became the lead case against UPS.

According to the PACER docket, on October 2, 2006, the plaintiffs filed a motion to certify a class. They sought to represent a class consisting of people who were employed by UPS at any time since May 10, 2000; who had been absent from work because of a medical impairment; who were disabled as defined under the ADA; who had attempted to return to work or continue to work at UPS or had submitted to UPS a medical release that permits the employee to work with restrictions and conditions, or had been disqualified by UPS from returning to work; and who were harmed as a result of UPS's policies, practices, and procedures that control reentry into the workplace or otherwise govern the making of reasonable accommodations under Title I of the ADA to employees in UPS's workforce. On July 16, 2007, the court (Judge Conti) issued an order granting in part the plaintiff's motion for class certification. The court ordered that the class claims would consist of the 100% healed policy claim, the implementation of UPS's formal ADA compliance policy claim, and the uniform use of pretextual job description claim. However, the court denied the claims for prohibiting employees from returning to work with restrictions and using seniority rights claim, the withdrawal of accommodations, and the retaliation claim. Hohinder v. United Parcel Service, 243 F.R.D. 147 (W.D. Pa. 2007).

According to the PACER docket, on February 8, 2008, the Third Circuit Court of Appeals issued an order granting UPS's motion to stay all proceedings in the District Court. Pending appeals and other motions, the case remains ongoing.

Emily Kuznick - 04/14/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
Transportation
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Seniority
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Pattern or Practice
Plaintiff Type
Private Plaintiff
Race
Race, unspecified
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) United Parcel Service (“UPS”)
Plaintiff Description Disabled people employed by UPS
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Filing Year 2004
Case Ongoing Yes
Case Listing EE-PA-0231 : Hohider v. UPS (W.D. Pa.)
Docket(s)
2:04-cv-01686-JFC (W.D. Pa.)
EE-PA-0206-9000.pdf | Detail
Date: 09/17/2007
2:04-cv-00363-JFC (W.D. Pa.)
EE-PA-0206-9001.pdf | Detail
Date: 02/27/2008
General Documents
Motion to Dismiss Denied (232 F.R.D. 505) (W.D. Pa.)
EE-PA-0206-0001.pdf | WESTLAW| LEXIS | Detail
Date: 12/23/2005
Motion for Class Certification [ECF# 180]
EE-PA-0206-0002.pdf | Detail
Date: 10/02/2006
Source: PACER [Public Access to Court Electronic Records]
Opinion granting in part and denying in part class certification (243 F.R.D. 147) (W.D. Pa.)
EE-PA-0206-7500.pdf | WESTLAW| LEXIS | Detail
Date: 07/16/2007
RESPONSE Regarding Third Circuit's Order Staying All Proceedings to Order [ECF# 265]
EE-PA-0206-0003.pdf | Detail
Date: 02/14/2008
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Conti, Joy Flowers (W.D. Pa.) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-0002 | EE-PA-0206-0003 | EE-PA-0206-7500 | EE-PA-0206-9001
Plaintiff's Lawyers Bagin, Christian (Pennsylvania) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-0002 | EE-PA-0206-7500 | EE-PA-0206-9000 | EE-PA-0206-9001
Broggi, Donald A. (California) show/hide docs
EE-PA-0206-0002 | EE-PA-0206-7500 | EE-PA-0206-9001
Comite, Erin G. (Connecticut) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-7500 | EE-PA-0206-9000 | EE-PA-0206-9001
Goldstein, Judith B. (Ohio) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-0002 | EE-PA-0206-7500 | EE-PA-0206-9000 | EE-PA-0206-9001
Johnson, Geoffrey M. (Ohio) show/hide docs
EE-PA-0206-7500 | EE-PA-0206-9001
Joyce, Jeffrey J. (Texas) show/hide docs
EE-PA-0206-9001
Kaswan, Beth A. (New York) show/hide docs
EE-PA-0206-9001
Laing, Anita M. (Connecticut) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-0002 | EE-PA-0206-7500 | EE-PA-0206-9000 | EE-PA-0206-9001
Noss, Walter W. (Ohio) show/hide docs
EE-PA-0206-9001
Scolnick, Judith (New York) show/hide docs
EE-PA-0206-9001
Scott, David R. (Connecticut) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-0002 | EE-PA-0206-7500 | EE-PA-0206-9000 | EE-PA-0206-9001
Shingler, Arthur L. III (California) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-0002 | EE-PA-0206-7500 | EE-PA-0206-9000 | EE-PA-0206-9001
Skaggs, Kimberly M. (Ohio) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-9000 | EE-PA-0206-9001
Defendant's Lawyers Culleiton, Joseph E. (Pennsylvania) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-0003 | EE-PA-0206-7500 | EE-PA-0206-9000 | EE-PA-0206-9001
Ensor, R. Steve (Georgia) show/hide docs
EE-PA-0206-0003 | EE-PA-0206-9001
Flynn-Kozara, Abigail D. (Pennsylvania) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-9000
Gartland, Charles A. II (Georgia) show/hide docs
EE-PA-0206-0003 | EE-PA-0206-9001
McAllister, David J. (Pennsylvania) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-0003 | EE-PA-0206-7500 | EE-PA-0206-9000 | EE-PA-0206-9001
McHugh, Joseph P. (Pennsylvania) show/hide docs
EE-PA-0206-7500 | EE-PA-0206-9001
Napolitano, Perry A. (Pennsylvania) show/hide docs
EE-PA-0206-0001 | EE-PA-0206-0003 | EE-PA-0206-7500 | EE-PA-0206-9000 | EE-PA-0206-9001
Patton, Glenn G. (Georgia) show/hide docs
EE-PA-0206-0003 | EE-PA-0206-9001
Wood, Leslie E. (Georgia) show/hide docs
EE-PA-0206-0003 | EE-PA-0206-9001
Other Lawyers Bernstein, Dori K. (District of Columbia) show/hide docs
EE-PA-0206-7500 | EE-PA-0206-9001

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