EEOC Claims UPS Medical Leave Policy is
Discriminatory
August 28, 2009 (PLANSPONSOR.com) - In a class
action lawsuit filed in federal court in Chicago, the U.S.
Equal Employment Opportunity Commission (EEOC) charged that
Atlanta-based United Parcel Service, Inc. (UPS) violated the
Americans with Disabilities Act (ADA) by rejecting an
extension of medical leave as a reasonable accommodation for
its employees with disabilities.
The suit is being filed on behalf of a class of
employees who were fired after exceeding UPS' 12-month
leave policy. "[P]olicies like this one at UPS, which set
arbitrary deadlines for returning to work after medical
treatment, unfairly keep disabled employees from working,"
said EEOC Chicago Regional Attorney John Hendrickson, in a
press release.
The EEOC said Trudi Momsen, an administrative assistant
at UPS, took a 12-month leave of absence from work when she
began experiencing symptoms of what was later diagnosed as
multiple sclerosis. She returned to work for a few weeks,
but soon thereafter needed additional time off after
experiencing what she believed to be negative side effects
of her medication.
Although Momsen could have returned to work after an
additional two-week leave of absence, UPS fired her for
exceeding its 12-month leave policy. Following its
investigation, the EEOC reached an administrative
determination that UPS failed to accommodate Momsen's
disability, in violation of the ADA.
According to the press release, the EEOC filed suit
after first attempting to reach a voluntary settlement with
UPS.
UPS describes itself as the world's largest package
delivery company.
Rebecca Moore
editors@plansponsor.com