ADA Bias Claim Not Preempted By LMRA, 6th Circ. Says

Law360, New York (December 12, 2012, 8:04 PM EST) -- Americans with Disabilities Act claims cannot be preempted by the Labor Management Relations Act, which only takes priority when employment claims are raised in state court, the Sixth Circuit said Wednesday, reviving a disabled worker's ADA discrimination allegations against United Parcel Service Inc.

The appellate court reversed and remanded an Ohio federal court's ruling granting judgment as a matter of law to UPS, which faced allegations from driver Teresa Watts that she was unfairly rejected from a light-duty work program because of her back injury, saying...
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