UPS Freight to Pay $75K to Resolve Kansas Disability Discrimination Lawsuit

July 31, 2020

UPS Freight will pay $75,000 to resolve a three-year old federal lawsuit over disability discrimination at its service center in Kansas City, Kansas, federal authorities said.

The U.S. Equal Employment Opportunity Commission (EEOC) filed suit in August 2017 (Equal Employment Opportunity Commission v. UPS Ground Freight, Inc., Civil Action No. 2:17-cv- 02453) under the Americans with Disabilities Act (ADA).

According to the suit, Thomas Diebold worked as a road driver for UPS Freight from 2006 until his retirement in 2015, at its Kansas City service center. After suffering a minor stroke in 2013, Diebold sought temporary non-driving work. But company policy at the time allowed such reassignments only for drivers whose licenses were suspended for non-medical reasons.

In the suit, the EEOC also challenged a later collective bargaining agreement (CBA) between UPS Freight and the Teamsters, under which drivers with disabilities could be reassigned to non-driving work for medical reasons but were paid 10% less than drivers reassigned for non-medical reasons, such as DWI convictions.

In July 2018, the EEOC obtained an order from Chief Judge Julie A. Robinson of the U.S. District Court for District of Kansas that UPS Freight’s then-existing CBA violated the ADA. UPS Freight and the union then entered into a new CBA that eliminated the unlawful disparate pay clause.

The current settlement, approved by Judge Robinson, resolves the EEOC’s claim for damages for Diebold. UPS Freight will pay him $75,000 for wage and non-wage damages.

Source: EEOC

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