Published on August 15, 2017
The U.S. Equal Employment Opportunity Commission (EEOC) announced Aug. 8 international shipping giant United Parcel Service, Inc. (UPS) has agreed to pay $2 million to nearly 90 current and former UPS employees to resolve a nationwide disability discrimination lawsuit the EEOC filed in 2009, as well as to conciliate related administrative charges.
In the news release, the EEOC announced:
The EEOC charged that UPS violated federal law failing to provide UPS employees with disabilities reasonable accommodations that would enable them to perform their job duties. The EEOC further alleged that UPS maintained an inflexible leave policy, whereby the company fired disabled employees automatically when they reached 12 months of leave, without engaging in the interactive process required by law.
Such alleged conduct violates Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the Northern District of Illinois (Case No. 09-cv-5291) after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to providing $2 million in monetary relief, UPS has also agreed to update its policies on reasonable accommodation, improve its implementation of those policies, and conduct training for those who administer the company’s disability accommodation processes. Furthermore, the company has agreed to provide the EEOC periodic reports on the status of every accommodation request for the next three years to ensure the efficacy of its procedures.
“The ADA requires companies to make a real effort to work individually with their employees with disabilities to provide them with the necessary and reasonable accommodations that will allow them to do their jobs,” said Greg Gochanour, regional attorney of the EEOC’s Chicago District Office. “As a result of this lawsuit, UPS now has practices in place to better ensure that this happens.”
Julianne Bowman, the EEOC’s Chicago District director, added, “Having a multiple-month leave policy alone does not guarantee compliance with the ADA. Such a policy must also include the flexibility to work with employees with disabilities who may simply require a reasonable accommodation to return to work. UPS has now made changes which will allow more people to keep their jobs.”
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination.
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