Leading Package Delivery Company Sued for Disability Discrimination

Source: U.S. Equal Employment Opportunity Commission (EEOC)

CHICAGO – In a major class lawsuit filed here in federal court, the U.S. Equal Employment Opportunity Commission (EEOC) charged one of the world’s largest package delivery companies of violating federal law by rejecting an extension of medical leave as a reasonable accommodation for its employees with disabilities.

The EEOC’s administrative investigation, conducted prior to filing the lawsuit and supervised by Chicago District Director John Rowe, found the company violated the Americans With Disabilities Act (ADA). According to Rowe, Trudi Momsen, an administrative assistant at the company, took a 12-month leave of absence from work when she began experiencing symptoms of what was later diagnosed as multiple sclerosis. She returned to work for a few weeks, but soon thereafter needed additional time off after experiencing what she believed to be negative side effects of her medication. Although Momsen could have returned to work after an additional two-week leave of absence, the company fired her for exceeding its 12-month leave policy. Following its investigation, the EEOC reached an administrative determination that the companny failed to accommodate Momsen’s disability, in violation of the ADA.

“This case should send a wake up call to Corporate America that violating the Americans With Disabilities Act will result in vigorous enforcement by the EEOC,” said Commission Acting Chairman Stuart J. Ishimaru. “The ADA has been the law of the land for nearly two decades now, and employers simply have no excuse for failing to abide by its provisions.”

The EEOC filed suit late yesterday in U.S. District Court in Chicago after first attempting to reach a voluntary settlement with the company. The litigation, assigned to U.S. District Judge Robert M. Dow, Jr., seeks back pay and compensatory and punitive damages for Momsen and a class of disabled employees whom the company similarly refused to accommodate, as well as an order barring future discrimination and other relief.

EEOC Chicago Regional Attorney John Hendrickson said, “One of the main goals of the ADA is to provide gainful employment to qualified individuals with disabilities. However, policies like this one at (the company), which set arbitrary deadlines for returning to work after medical treatment, unfairly keep disabled employees from working. Sometimes a simple conversation with the employee about what might be needed to return to work is all that is necessary to keep valued employees in their jobs.”

According to the Atlanta-based company’s information, it describes itself at the world’s largest package delivery company, and is a $49.7 billion global corporation operating in more than 200 countries and territories worldwide. The EEOC Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

For more information about the ADA, or how to protect your company from potential liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.