Staffing Agency and Manufacturer Denied Accommodations to Long-Term Temporary Worker with Kidney Condition, then Fired Him, Federal Agency Charges
A federal judge in the U.S. Court for the District of Kansas ruled against UPS Freight in an Americans with Disabilities Act lawsuit late last month.
The judgement pertained to a company policy that resulted in drivers who must temporarily move into non-driving roles for medical reasons being paid less than drivers making the same move for non-medical reasons, according to a U.S. Equal Employment Opportunity Commission press release.
The EEOC filed the lawsuit on behalf of Thomas Diebold in August 2017. Diebold worked for UPS Freight from 2003 to 2015. When Diebold suffered a stroke in 2013, he transitioned into a non-driving role, according to court documents.
According to the UPS policy in question, disabled drivers, like Diebold, performing non-driving work were only paid 90 percent of what their able-bodied counterparts earned. The policy was formalized in a collective bargaining agreement between UPS and the International Brotherhood of Teamsters. That CBA expired July 31.
The EEOC argued that the company policy violated Title I of the ADA because it "(1) limit[s], segregat[es], or classif[ies] drivers because of disability adversely affecting the opportunities or status of disabled drivers and (2) us[es] standards, criteria, or methods of administration that have the effect of discrimination on the basis of disability."
UPS argued the EEOC relied on a “selective and erroneous interpretation of the CBA,” which the company said included “ambiguities that preclude judgment.”
Northeast Mississippi Daily Journal
LIFE of Mississippi’s Tupelo office recently rededicated its accessible gym and marked the 28th anniversary of the Americans with Disabilities Act.
The organization is dedicated to the empowerment of people with significant disabilities.
The event included a proclamation from the city of Tupelo and was held in conjunction with the Tupelo Evening Civitans and Our Artworks.
The accessible gym, located adjacent to the Tupelo LIFE office on Cliff Gookin Boulevard, is available to both the disabled and abled-bodied. For more information, call (662) 844-6633.
Keep these tips in mind
- Become familiar with the ADA and its mandates.
- Know your facility’s policy on the use of interpreters and follow it without fail.
- Remember to treat all patients and families with courtesy and respect, whether disabled or otherwise.
- If uncertain about your obligations when working with any disabled patient and his or her family, seek guidance from your nurse manager or nurse supervisor.
- Never ask or “compel” a family member to act as an interpreter.