A medical leave policy that calls for termination if a worker is out for more than 12 months violates the Americans With Disabilities Act (ADA), the EEOC alleges in a recently filed class action lawsuit against UPS.  The EEOC claims that UPS breached its duty of reasonable accomodation by firing workers, as a matter of policy, who had been off due to illness or injury for 12 months without considering whether a reasonable accomodation -- a little bit more leave time -- could be accomplished.

Robert L. Abell, a Lexington, Kentucky lawyer, represents individuals in cases under the Americans With Disabilities Act.

Source: National Law Journal

2 Comments
I also was fired from ups for not returning 100% ,And my local union Teamsters 533 (Reno Nevada) also told me lies, They said not to worry If I needed more time to get back to work at 100% just request another year in writing. I did this. It only lead to another year of arbitration and the desion from the arbatrator took to long to get back and was found even if I won the arbitrtaion for the extra time to heal to get back at 100% was moot due to the lenth of the desitions made. Now I have filed with our local EEOC office in San Fransico, These charges are are only going against UPS for not allowing me to go back to work with my perminent restrictions. I had 3 shoulder surgeries and was released to with my disability.Now Im worried about how to take care of my family of 5 and no future due to a disabilty. ADA act and FMLA act doesn't matter to UPS or the unions (loacal 533 Teamsters) that are supose to protect us workers. The Reno Nevada UPS office fired most all of the management due to there wrong doings in cases just like this and The loacal 533 Teamsters has gone through the head guys one of them (MARK TRACY) was busted for imbislment and he has disapeared from the face of this earth (NOT TO BE FOUND. But none of this has charged the fact that I still dont have my job back. funny how it all works with this big company they just get rid any managers and hope the problems go away. It would have been easier to just fallow the Laws.I hope EEOC fallows up and helps crack down on all the wrong doing of UPS
by john boyle May 25, 2010 at 03:56 AM
yes. I am a disabled veteran whom they did the same thing to. My union failed to back me, pushed me, pressured me, intimidated me, and harassed me into signing a settlement that they claim is 100% binding. The union, in its continuing discrimination against me for being 1. female, and 2. white (in a 98% black operation)FAILED TO TELL ME ABOUT THE 100% RETURN TO WORK POLICY BEING ILLEGAL. I was told by Local 804 IBT that UPS had a right to do this! And when I complained to Atlanta, I was FIRED by the SAME ups managers whom I complained against and the UNION ALLOWED IT!!!!
by Abbe Pabon January 5, 2010 at 01:27 PM
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