FedEx Sued for Disability Discrimination in New York
On January 16th, 2025, the Equal Employment Opportunity Commission (EEOC) announced an employment discrimination lawsuit against FedEx. The company is being sued in the United States District Court for the Southern District of New York for disability discrimination. The company reportedly flatly denied telework for a well-qualified disabled worker. Here, our New York City disability discrimination lawyer provides a comprehensive overview of the employment law claim.
Allegations: Disability Discrimination at FedEx
The EEOC has filed a lawsuit against FedEx Express for disability discrimination. The alleged discrimination allegedly occurred at the company’s Manhattan office in New York City. According to the complaint, the EEOC argues that FedEx refused to accommodate disabled dispatchers’ requests for continued remote work. The lawsuit claims that FedEx demanded several employees return to its Manhattan office—and that at least one dispatcher was forced to retire as a result. The EEOC notes that this happened despite a successful track record of remote work from April 2020 to February 2023, during the height of the COVID-19 pandemic. However, FedEx denied any continued accommodation after February of 2023. Further, the company allegedly did not pursue alternative solutions for disabled workers. The EEOC is seeking compensation on behalf of affected disabled employees and other remedies as appropriate
Failure to Accommodate is a Form of Disability Discrimination
The Americans With Disabilities Act (ADA)—which applies to all employers with 15 or more employees—requires covered entities to provide reasonable accommodations to qualified job applicants/workers with disabilities. Failure to accommodate an employee’s disabilities is recognized as a form of discrimination under federal law. Indeed, it is a type of discrimination that occurs when an employer does not make reasonable adjustments to enable an employee with disabilities to perform their job duties effectively. Employers are legally obligated to engage in a good faith, interactive process to determine an appropriate accommodation.
Employers Must Make a Good Faith Effort to Provide a Reasonable Accommodation
The law does not require employers to provide any specific accommodation to a disabled employee. Instead, it requires a good faith, interactive process. The interactive process is designed to determine appropriate accommodations given the employee’s specific issues. Notably, it is a crucial responsibility for employers under the ADA. The process requires employers and employees with disabilities to collaborate in identifying and implementing effective adjustments that enable the employee to perform their job duties. It involves an open dialogue where both parties discuss the employee’s needs and potential accommodations—from modified work schedules to assistive technology to physical modifications to the workplace. Employers must act in good faith.
Contact Our New York City Disability Discrimination Attorney Today
At Poulos LoPiccolo PC, our New York City disability discrimination lawyers are standing by, ready to help you navigate a complex legal matter. If you have any questions about a disability discrimination case, we can help. Contact us today for your fully confidential initial consultation. We provide disability discrimination representation in employment law claims throughout the region.
Source:
eeoc.gov/newsroom/eeoc-sues-fedex-disability-discrimination-0
