EEOC Sues FedEx Over Alleged Disability Discrimination Policy

The Equal Employment Opportunity Commission (EEOC) has initiated legal action against FedEx Corporation, alleging that the company has engaged in disability discrimination against its ramp transport drivers. The lawsuit, filed on September 6, 2024, in a Minnesota federal court, claims that FedEx has been implementing a policy since at least 2019 that requires drivers to be fully recovered before returning to work, instead of providing accommodations as mandated by the Americans with Disabilities Act (ADA).

The EEOC's investigation was prompted by a complaint from a Minneapolis-based driver who reported being terminated in 2021 due to chronic back pain. Additionally, a Las Vegas-based driver who sustained vertebrae fractures in a work-related incident has been on unpaid leave since November 2022. These cases highlight the potential impact of FedEx's alleged "100% healed" policy on employees with disabilities.

Gregory Gochanour, regional attorney for the EEOC's Chicago office, emphasized the importance of exploring reasonable accommodations for employees with disabilities. He stated that employers have a responsibility under the ADA to consider individual circumstances rather than implementing blanket policies that may exclude qualified workers with disabilities.

The lawsuit seeks various forms of relief, including backpay and other monetary damages for affected workers. Additionally, the EEOC is requesting a court order that would require FedEx to revise its employment policies to align with ADA requirements.

It's worth noting that this is not the first time FedEx has faced legal challenges related to disability discrimination. In 2020, the company paid $3.3 million to settle claims that it discriminated against deaf and hard-of-hearing individuals in hiring practices and accommodation provisions. As part of that settlement, FedEx agreed to provide adaptive equipment to employees with hearing impairments.

"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."

This case underscores the ongoing challenges in workplace accommodation for individuals with disabilities. The ADA, enacted in 1990, prohibits discrimination against people with disabilities in various aspects of public life, including employment. The EEOC, established by the Civil Rights Act of 1964, plays a crucial role in enforcing these protections.

FedEx, founded in 1971 by Frederick W. Smith, has grown to become a global logistics giant, operating in over 220 countries and territories with more than 500,000 employees worldwide. The company's air hub, known as the "SuperHub," is located at Memphis International Airport, and FedEx Express is recognized as the world's largest cargo airline.

As this legal process unfolds, it will be important to monitor how it may impact FedEx's operations and policies, as well as potentially influence industry-wide practices regarding disability accommodation in the workplace.