In Taylor v. Fed Ex, the Fourth Circuit affirmed the district court's grant of summary judgment in an ADA case. The panel agreed that Fed Ex did not violate the ADA when it failed to accommodate Taylor's his back impairment and terminated his employment. The panel agreed that Taylor was not disabled under the ADA.
The key to the court's opinion was that a vocational consultant estimated that Taylor's work experience and educational background qualified him for 3,281 job titles out of the 12,741 job titles listed in the Department of Labor's dictionary of occupational titles. Accordingly, his back impairment did not substantially limits his ability to work and therefore constitutes a disability under the ADA.