Federal Lawsuit Charges FedEx With An Unlawful 100%-Healed Policy Against Drivers With Medical Restrictions
MINNEAPOLIS, MN (STL.News) The Federal Express Corporation (FedEx), a global shipping and logistics company, violated federal law when it failed to provide reasonable accommodations for qualified, disabled ramp transport drivers with medical restrictions and instead forced them to take unpaid leave or fired them, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC’s lawsuit, since Nov. 29, 2019, FedEx has maintained and enforced a 100%-healed policy against ramp transport drivers, who drive a tractor-trailer and operate mechanical equipment to load and unload pallets or containers loaded with freight. When FedEx learned a ramp transport driver had medical restrictions, FedEx put the driver on a 90-day temporary light-duty assignment. At the end of that light-duty assignment, if the driver still had medical restrictions, FedEx would place the driver on unpaid medical leave that expired after one year unless the driver qualified for short- or long-term disability benefits.
FedEx would not discuss reasonable accommodations with the driver that would have allowed them to keep working, such as getting assistance from other employees or using motorized equipment to help with moving freight. Instead, the EEOC said, FedEx kept them on unpaid leave until the drivers could prove they could work without any restrictions or their leave expired, at which time they were terminated.
The initial complainant, who filed the charge that initiated EEOC’s investigation, was a ramp transport driver working out of a FedEx facility in Minneapolis. She had sustained injuries that limited her ability to lift. FedEx placed her on temporary light duty, then unpaid medical leave, and ultimately fired her because she could not return to work without restrictions, even though she would have been able to perform her job with accommodations, the EEOC said.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination against qualified individuals with disabilities. It requires employers to provide reasonable accommodations that allow employees to do their jobs and prohibits employers from having policies that screen out qualified individuals with disabilities. The EEOC filed suit (EEOC v. Federal Express Corp., Case No. 0:24-cv-03559) in U.S. District Court for the District of Minnesota after first attempting to reach a pre-litigation settlement through its administrative conciliation process. The EEOC seeks monetary relief for all the aggrieved individuals whom it identified through its investigation. The EEOC also seeks injunctive relief to prevent FedEx from discriminating against disabled employees in the future.
“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 Chicago District Office of the EEOC, said, “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.”
The EEOC’s Chicago District Office is responsible for processing charges of employment 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.
