Donald Dilley worked as a truck driver for SuperValu, Inc., for approximately 18 years. He was the

Question:

Donald Dilley worked as a truck driver for SuperValu, Inc., for approximately 18 years. He was the fifth most senior driver out of the 42 drivers on the company's seniority roster. During the course of his employment, he developed back problems and eventually became subject to a 60-pound lifting restriction imposed by his physician. SuperValu contends that in light of this restriction, Dilley was unable to perform the essential functions of his truck-driving position. Dilley asked the company for a "reasonable accommodation" by assigning him to a route or routes that did not require heavy lifting. SuperValu contended that Dilley's requested accommodation-returning to a truck driver position-"was unreasonable as a matter of law because it would have required SuperValu to violate the terms of its collective bargaining agreement with the union representing its warehouse employees." Because the driving positions are subject to a seniority system, SuperValu contended that Dilley could have been "bumped" from any of the driving positions for which he might have been qualified and that keeping him in the position if he were "bumped" would have violated the collective bargaining agreement. Dilley insisted that his seniority made such displacement unlikely. With no job to occupy, Dilley was terminated by the company. Dilley sued Super Valu, claiming a violation of the ADA for failure to make a reasonable accommodation. Decide. [Dilley v. SuperValu, Inc., 296 F.3d 958 (10th Cir.)]

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question
Question Posted: