On its website, UPS makes the statement, “We want UPS to be a safe place to work where everyone is treated with dignity and respect.” Too bad its HR department didn’t remember that when an employee with diabetes asked for accommodations of a short break to check his blood sugar and to eat or drink if necessary. At first, the accommodation was granted, but it was taken back. The employee was fired. According to the EEOC, this was a clear violation of the Americans with Disabilities Act (ADA).
Disabilities and the ADA in the workplace
Under the ADA, employers are required to provide reasonable accommodations that allow persons with disabilities, such as diabetes or depression, the ability to perform the essentials functions of the job. A person cannot be fired for having a disability, unless there is a direct threat to safety. Reasonable accommodations are defined as a modification or adjustment to a job or work environment to give a person with a disability the ability to perform the job successfully. Reasonable accommodations differ by job type and disability. Under the ADA, employers are required to enter into discussions for reasonable accommodations with an employee who is requesting an accommodation.
EEOC sues UPS in federal court
In June 2021, the EEOC brought a lawsuit against UPS for allegedly violating the ADA. In March 2023, the court granted summary judgment to the EEOC, ruling that UPS did in fact violate the ADA by firing the employee. Just a few days ago, the UPS and EEOC reached a settlement in which UPS would pay $150,000 in monetary relief to the employee and offer reinstatement. In addition, UPS will provide additional training to HR, managers, and employees about accommodations and report to the EEOC for three years about disability discrimination.
Employees with disabilities aren’t liabilities and deserve reasonable accommodations to do their job successfully, especially in organizations that promote the Golden Rule. Learn more about disabilities and federal law from the EEOC here.