Trial lawyers specializing in personal injury and civil litigation
Court allows ADA claim despite UPS argument that CBA should preclude
UPS claimed that its collective bargaining agreement, with a six month statute of limitations, should preclude an employee named Watts from pursuing a federal cause of action under the ADA. The Sixth Circuit Court of Appeals unanimously disagreed, since Watts' action was not based on the union contract or state law, and therefore the federal statutory cause of action preempted the provisions of the CBA.