Facts

On September 13, 2017, Maria Veloz was hired by United Parcel Service-Supply Chain Solutions, Inc. (UPS-SCS), a subsidiary of United Parcel Service, Inc., as a full-time Warehouse Worker. Her daily activities for that position included packing, organizing, and moving items and packages that weigh up to 60 pounds. The position required repetitive arm movements.

In June the following year, Veloz's physical therapist and physician's assistant restricted her from lifting more than five pounds and other general physical restrictions. The next day, Veloz reported the pain in her arm as a work injury from the repetitive motion of her job duties. Later in September that year, she was removed from her general duties per her doctor's orders, a restriction to be enforced until February the following year. When she was released from that restriction, in February 2019, Veloz was unqualified to return to her Warehouse Worker position given that she was still, pursuant to doctor's orders, unable to lift, push or pull anything over 10 pounds.

Three months later, Veloz was placed on temporary disability, receiving worker's compensation benefits from March 2019 to December 2019. Though her worker's compensation benefits required her to attend computer training classes, she was unable to do so given her medical restrictions on repetitive movements. By January 2020, with the work restrictions still in place, Human Resources asked Veloz if she could use the computer, but Veloz stated no. By the month's end, UPS-SCS terminated her employment. After sending the requisite notification to the Department of Fair Employment and Housing, Veloz sued UPS-SCS.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted disability discrimination and retaliation under the Fair Employment Housing Act; wrongful termination in violation of public policy; intentional and negligent infliction of emotional distress.

DEFENDANT'S CONTENTIONS: Defendant contended that, as known and acknowledged by plaintiff, its administrative policy separates employees who are on leave for over twelve months and are unable to return to work with or without accommodation. Moreover, plaintiff acknowledged that she never experienced harassment or discrimination, nor did she ever feel harassed or discriminated against during her employment at UPS-SCS, and accordingly, never made a complaint as such during her employment.

Result

The court granted defendant's motion for summary judgment.