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Law360 (July 6, 2022, 6:06 PM EDT) — The Fifth Circuit affirmed a lower court’s ruling dismissing a U.S. Postal Service maintenance worker’s claims that his disability was disregarded and an accommodation that would effectively make him work part time was unfair, finding the USPS accommodation was in fact lawful.
On Friday, a three-judge panel in an unpublished opinion upheld USPS’ October 2021 summary judgment win on Marc Allen’s Americans with Disabilities Act suit, saying the Postal Service’s offering Allen a modified work schedule was sufficient to satisfy the legal requirements even if it slashed his salary.
Allen, who has chronic plantar fasciitis affecting his ability to stand or perform physical activities for long periods of time, had asked USPS to narrow his job duties so that he would not have to lift heavy objects or stand for over an hour at a time.