EEOC vs Fedex Lawsuit Makes Case Against 100%-Healed Policy

EEOC Sues FedEx for Discrimination Against Disabled Drivers

FedEx Accused of Firing Drivers with Medical Issues

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against FedEx. The EEOC says that FedEx discriminated against drivers who had medical problems. Instead of helping these workers, the company put them on unpaid leave or fired them.

FedEx’s Policy for Injured Drivers

Since 2019, FedEx has used a rule that requires drivers to be completely healed before they can return to work. This rule affects ramp transport drivers who move freight and operate heavy equipment. When a driver had a medical problem, FedEx would place them on light-duty work for 90 days. But if they still had restrictions after that time, they were placed on unpaid leave. If they couldn’t return to work without restrictions within a year, FedEx would fire them.

The EEOC claims that FedEx did not offer other options to help these drivers keep working. For example, the company could have allowed other workers to help or used machines to move heavy freight. But FedEx did not provide these accommodations. Instead, the drivers were told they had to be fully healed or lose their jobs.

The Complaint That Started the EEOC vs FedEx Lawsuit

The lawsuit began with a complaint from a driver at a FedEx facility in Minneapolis. She was hurt and couldn’t lift heavy items. FedEx gave her light-duty work for a short time, but after that, they placed her on unpaid leave. When she couldn’t return to work without any restrictions, the company fired her. The EEOC says that she could have continued working if FedEx had provided help, but the company refused to do so.

FedEx Lawsuit: Violation of the Americans with Disabilities Act

The EEOC says that FedEx’s actions violate the Americans with Disabilities Act (ADA). The ADA requires companies to provide reasonable accommodations to help workers with disabilities do their jobs. It also says that companies cannot have rules that automatically exclude people with disabilities from working.

After trying to settle the matter with FedEx, the EEOC decided to take the company to court. The lawsuit (EEOC v. Federal Express Corp., Case No. 0:24-cv-03559) seeks money for the workers affected and an order for FedEx to stop discriminating against disabled workers.

EEOC’s Response

“100%-healed policies, like the one FedEx has, cost qualified workers their livelihood without giving them individual consideration,” said Gregory Gochanour, regional attorney of the EEOC’s Chicago District Office. “Under the ADA, employers have an obligation to explore reasonable accommodations and not to screen out qualified individuals with disabilities who can do their jobs.”

Amrith Aakre, the district director of the EEOC’s Chicago District Office, also praised the original complainant for coming forward. “The EEOC applauds the bravery of the original complainant in this case for coming forward, sharing her story, and helping the EEOC cast light on FedEx’s discriminatory policy,” Aakre said.

What’s Next in the EEOC vs FedEx Lawsuit

This lawsuit could have serious consequences for FedEx. If the court rules in favor of the EEOC, the company could face penalties. The case also shows the need for businesses to treat workers with disabilities fairly and offer help when needed.

The lawsuit might also lead to changes in how other companies handle workers with medical problems, especially when it comes to reasonable accommodations.