Gribben

I. Background

In 1982, Gribben commenced employment with UPS and since 1998 worked as a UPS shifter driver. Shifter drivers use 6942 GRIBBEN v. UNITED PARCEL SERVICE vehicles to transfer trailers among various sites. Gribben was generally assigned to an air-conditioned vehicle but, due to business demands, UPS could not guarantee that he would always have an air-conditioned vehicle.

In June 2000, Gribben was diagnosed with dilated cardio- myopathy and paroxysmal arterial fibrillation. He has sub- stantial limitations as a result of this condition. He testified that he becomes light-headed, has difficulty concentrating and breathing, has chest pain when undertaking activities in extreme heat for extended periods of time, and has similar symptoms when lifting weight over 50 pounds. Gribben was told by his cardiologist not to engage in certain activities for more than 20 minutes at a time in temperatures above 90 degrees Fahrenheit.

Due to his medical condition, and pursuant to the ADA, Gribben requested that UPS provide him with an air- conditioned vehicle. UPS denied his request for this accom- modation. Beginning in June 2002, Gribben took an unpaid leave of…