May 13, 2010 Press Release
Dennis C. Pfannenschmidt, United States Attorney for the Middle District of Pennsylvania, announced a verdict in favor of the United States Postal Service. According to U.S. Attorney Pfannenschmidt, George J. Erbe, age 63, of York, Pennsylvania, filed an employment discrimination lawsuit against the Postal Service, alleging that the Postal Service retaliated against him for filing a discrimination claim. Mr. Erbe sought over $300,000.00 in damages.
The Postal Service was able to establish that it did not return Mr. Erbe to work at the East York Post Office because he failed a fitness for duty examination and was unable to meet the requirements of the rural carrier associate position. United States District Court Judge Christopher C. Conner presided over the four-day trial.
This case was handled by Assistant U.S. Attorney Melissa A. Swauger
Discrimination is not good, abuse of discrimination lawsuits are even worse. However, the flip side of the coin is that if this man is found physically unfit for the position he held; then a) why didn’t the postal service send him to a pre-employment physical exam to determine if further consideration was necessary for the position, B) if the man is disabled or has a veterans related disability, the usps may be found liable for discriminating on a circuit court of appeals due to the wrongful releasing of an individual and failure to accommodate reasonable physical limitations; my counsel on this matter would be to release the individual and question future policy as to fitness/viability of potential employees as a policy of the postal service to have avoid any costly further discrimination suits, and maybe to rewrite the laws concerning discrimination to limit obesity as non-inclusive in discrimination law suits due to the exclusive nature of being overweight and all the complications–it is not like blindness, deafness, loss of limb, or other veteran related disabilities; therefore, I would ultimately exclude the individual however, I may place the person on probation or leave of absence until certificate of fitness is achieved and reinstate him/her once proficiency is signed off….Fm
There are no guaranties in getting emplyed. But practice in the eighties was to hire all the relatives and freinds some were so fat they couldnt do the job but they were kept any way and allowed to make regular and we still have this dead wait trying to get disability for a job that they never performed,Thres at least one in every station in st louis mo.
this person must be really obese or just lazy!He should be let go if hes not a regular are bid to a different job like maintenance ,janitor are push up to a supervisors job they just sit on their asses and eat allday.But if hes obese that would just make him fatter.
Being an RCA (Rural Carrier Associate) is a very physically demanding job and usually about 2 or 3 wash out for every one that makes it. The job usually only entails the guarentee of one day a week work with no benefits earned. So to seek an award of $300,000 for a 63 year old who couldn’t cut it is so TOTALLY outrageous by anyone who knows the job.