Former FedEx Courier Seeks Rehearing After Split Ruling On Lifting Restrictions

Mealey's (August 12, 2020, 2:25 PM EDT) -- CHICAGO — A former package courier filed a petition for rehearing en banc on July 31 in the Seventh Circuit U.S. Court of Appeals after a panel ruled 2-1 that her ability to lift 75 pounds only to her waist rendered her unable to perform essential duties of her job even though the job description did not specify how high such a package must be lifted, arguing that the employer has the initial burden of producing evidence of essential job functions in an Americans with Disabilities Act (ADA) case (Janet Kotaska v. Federal Express Corporation, No. 19-2730, 7th Cir.)....