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WARREN v. UNITED PARCEL SERVICE, INC.

No. 07-2197.

518 F.3d 93 (2008)

Paul WARREN, Plaintiff, Appellee, v. UNITED PARCEL SERVICE, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 7, 2008.

Attorney(s) appearing for the Case

Susan J. Baronoff with whom Murtha Cullina LLP and Hugh F. Murray were on brief for appellant.

Jeffrey Neil Young with whom McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A., Kristin Aiello, Sean Ociepka and Disability Rights Center were on brief for appellee.

John P. Gause, Commission Counsel, for Maine Human Rights Commission, amicus curiae.

Before LYNCH, Circuit Judge, SELYA and SILER, Senior Circuit Judges.

LYNCH, Circuit Judge.

A jury found that United Parcel Service ("UPS") had discriminated on the basis of disability, under the Maine Human Rights Act ("MHRA"), against its epileptic employee Paul Warren. UPS refused to reinstate Warren to his pre-diagnosis position as a driver of a commercial vehicle, and kept him in a non-driving position at the same pay but from which he was ineligible to earn overtime as he previously had done. Warren was awarded back pay of $74...

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