Delivery Driver Accommodations When Disabled

     The U.S. Equal Employment Opportunity Commission recently settled a lawsuit against UPS Freight in which the EEOC had alleged that UPS had discriminated against an employee after he had a stroke in 2013.  The employee requested a reasonable accommodation of temporary non-driving work, but UPS would not permit this accommodation.  At the time that the employee made this request, UPS had a policy (which was part of a Collective Bargaining Agreement) of only granting this type of reassignment to drivers whose licenses had been suspended for a non-medical reason.  In 2018, the EEOC was able to obtain an order from the court that this policy violated the Americans with Disabilities Act.  Last month, the EEOC reached a settlement for the employee’s damages.  The Americans with Disabilities Act prohibits employers from discriminating against employees because of their disability.  See Equal Employment Opportunity Commission v. UPS Ground Freight, Inc., No. 2:17-cv- 02453 (D. Kan.).

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