Daily Labor Report® is the objective resource the nation’s foremost labor and employment professionals read and rely on, providing reliable, analytical coverage of top labor and employment...
June 13 — Two applicants with achondroplasia dwarfism who weren't selected for production jobs at a Fiat Chrysler plant in Michigan can't proceed with federal or state law disability bias claims, a federal judge ruled ( Snyder v. Chrysler Grp., LLC , 2016 BL 185903, E.D. Mich., No. 15-12238, 6/10/16 ).
The case offers an example of applicants failing to show they are qualified individuals with disabilities entitled to protection under the Americans with Disabilities Act and Michigan's Elliott-Larsen Civil Rights Act. A qualified individual within the meaning of the two laws is someone who can perform a job's essential functions with or without a reasonable accommodation for his or her disability.
Matthew Vallelunga and Thomas Snyder failed to make such a showing because neither obtained the proper scores in a two-part hiring assessment, Judge Thomas L. Ludington of the U.S. District Court for the Eastern District of Michigan held June 10, granting summary judgment to FCA US LLC.
The company's hiring process requires applicants to pass an Automated Production Simulation test, which involved performing automotive manufacturing tasks and processes such as mounting, assembling and bolting parts, the court said.
FCA also requires applicants to take a “computer-based, multi-format, multiple-choice test” called the Team Member Career Battery, which measures applicants' decision making, personal competence, and self-management and interpersonal skills.
Applicants have to score above the 20th percentile in both portions of the test to be considered qualified for production team member positions.
Vallelunga, the court said, passed the APS test, demonstrating that he was able to perform the physical tasks of the position. However, he didn't score high enough on the TMCB test. Snyder didn't score above the 20th percentile in either portion of the two-part evaluation, the court said.
As such, neither Vallelunga nor Snyder demonstrated that they were qualified under the ADA or the ELCRA for the positions they sought, the court ruled.
Gold Star Law represented the applicants. Ogletree Deakins represented FCA.
To contact the reporter on this story: Jay-Anne B. Casuga in Washington at email@example.com
To contact the editor responsible for this story: Susan J. McGolrick at firstname.lastname@example.org
The opinion is available at http://www.bloomberglaw.com/public/document/Snyder_v_Chrysler_Grp_LLC_No_15cv12238_2016_BL_185903_ED_Mich_Jun.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)