11th Circ. Gives Diabetic 2nd Shot At FedEx For Denied Job
By Jeff Sistrunk
Law360, Los Angeles (March 27, 2014, 9:06 PM ET) -- The Eleventh Circuit revived a suit alleging Federal Express Corp. unlawfully denied a man a vehicle technician job after he failed a U.S. Department of Transportation medical examination due to his diabetes, finding Thursday that factual disputes remained on whether FedEx used an impermissible qualification standard.
In a 2-1 ruling, the appeals court reversed U.S. District Judge William Terrell Hodges' ruling granting FedEx summary judgment on Richard Samson's disability discrimination claims, which were brought under the Americans With Disabilities Act and Florida law. The majority held...