Justice O’Connor Sits on 3rd Circuit Panel Hearing UPS Challenge to ADA Class Action

November 21, 2008

Former U.S. Supreme Court Justice Sandra Day O'Connor's first case as a visiting judge on the 3rd Circuit presented a cutting-edge question in employment discrimination law: whether workers may pursue a class action to challenge companywide policies allegedly designed to thwart the Americans with Disabilities Act. The central claim in the case is that UPS has an unwritten policy of requiring that injured or ill employees must be "100 percent cured" before they can return to work.