Wednesday, December 12, 2012

Sixth Circuit -- Teresa Watts v. UPS

As there is no danger of divergent state court interpretations of the terms of a CBA, federal labor law does not preempt an ADA claim.

Where a statutory ADA claim parallels a contract-based CBA claim, it can be pursued without reference to restrictions on enforcement of CBA claims. (e.g., preeemption) 

Teresa Watts v. UPS
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.