FedEx Express violated federal law by refusing to accommodate disabled dispatchers' requests to work remotely, forcing at least one veteran employee into retirement, the US Equal Employment Opportunity Commission (EEOC) alleges in a lawsuit.
It is the second time in recent months that the delivery giant has been at the centre of an EEOC lawsuit with regard to disabilty rights. The firm was in the dock back in September over its treatment of ramp transport drivers, who operate heavy equipment and handle freight at airport facilities.
The EEOC claims that a 30-year FedEx dispatcher and several other disabled employees were denied the option to continue remote working, despite having performed their duties off-site for nearly three years during the COVID-19 pandemic. According to the suit, the dispatchers had disabilities that substantially limited their mobility, and the company’s refusal to accommodate them led to adverse employment outcomes.
The lawsuit, filed in the US District Court for the Southern District of New York, asserts that FedEx required dispatchers to return to its downtown Manhattan office in February 2023, citing operational needs. The EEOC contends that FedEx failed to engage in a meaningful dialogue with its disabled employees to explore alternative accommodations, a violation of the Americans with Disabilities Act (ADA).
“Employers have an obligation under the ADA to provide reasonable accommodations for employees with disabilities, unless doing so would result in significant difficulty or expense,” said EEOC Regional Attorney Kimberly A. Cruz.
“Remote work can be an effective accommodation, particularly when employees have already demonstrated they can perform their jobs successfully from home."
Forced retirement
FedEx’s actions allegedly forced at least one dispatcher to retire after the company denied their request for continued telework. The EEOC noted that the dispatcher had a long history of successful performance and that remote working did not interfere with job responsibilities during the pandemic.
Andres F. Puerta, a trial attorney in the EEOC’s New York District Office, emphasized the broader implications of the case. “The pandemic highlighted the feasibility of remote work, showing that it can benefit employers and employees alike without significant disruptions. Companies should not deny telework accommodations when they are viable and pose no undue hardship.”
Concilliation process
The EEOC initially sought to resolve the matter through its conciliation process but moved forward with litigation after the failure of those efforts. The agency is seeking injunctive relief to prevent future disability discrimination at FedEx, as well as compensatory and punitive damages for the affected employees.
Although great strides have been made with disability rights it reveals the need for further progress and the ongoing tension between evolving workplace norms and employers’ obligations, particularly when it comes to employees with disabilities.
It also serves as a reminder to carefully evaluate accommodation requests and engage in meaningful discussions with employees to comply with federal law.