A news release from lawyers representing the plaintiffs charged the package delivery company with violating the Americans with Disabilities Act (ADA) by illegally requiring employees returning from medical leave to prove they are totally recovered and can work without restriction.
UPS officials consistently refuse to consider whether the employee is healthy enough to perform any UPS work within their health restrictions and don’t perform good faith investigations of workers’ medical condition, the suit charged. The company either decides the person is too disabled to work or isn’t sufficiently disabled to warrant protection from federal laws, plaintiffs claimed.
Finally, the lawsuit charges UPS retaliates against workers who have filed workers compensation or discrimination claims by refusing to let them return to work even if a 100% release is eventually submitted, and in violation of the workers’ seniority rights under UPS’ collective bargaining agreement with the International Brotherhood of Teamsters, according to the news release.
The plaintiffs were UPS employees between March 2000 and the present, according to the announcement.