EEOC Sues UPS for Diabetic Driver

September 10, 2002 ( - The federal anti-discrimination agency has gone to court on behalf of a diabetic United Parcel Service (UPS) delivery driver who it says was discriminated against because of his disease.

The Equal Employment Opportunity Commission (EEOC) said UPS violated the Americans with Disabilities Act (ADA) by forcing the driver to take extended leave rather than offering him a reassignment, the Houston Chronicle reported.

The EEOC said UPS should have known the driver was eligible for a “reasonable accommodation” under the ADA.
UPS continued to insist that the driver is not legally disabled and vowed to fight the government lawsuit.

The commission said the UPS lawsuit is part of a larger issue in which employers are “misinterpreting” recent court decisions to mean that people with diabetes aren’t covered by the ADA.