A recent federal disability discrimination lawsuit reveals that a newly hired UPS employee in Florida was terminated after just two shifts due to his diabetes.
The U.S. Equal Employment Opportunity Commission filed a complaint stating that the employee, who had been working as a package handler without any issues, was deemed a “liability” by a human resources supervisor because of his disability.
The supervisor denied the employee’s request for occasional short breaks to monitor his blood sugar and to have snacks or drinks as needed.
Despite initially granting the request, the HR representative later reversed the decision, leaving a voicemail in September 2019 to inform the employee of his termination.
The individual, diagnosed with brittle diabetes, faces challenges due to the condition’s unpredictability and difficulty in control, with blood glucose levels frequently fluctuating.
On March 15, the court ruled that UPS violated the Americans with Disabilities Act by both refusing accommodation and terminating the employee.
The EEOC, representing the man, pursued the lawsuit, leading to UPS agreeing to a $150,000 settlement, as announced in a December 22 press release. Attempts to obtain comments from UPS and its legal representatives on December 26 were unsuccessful.
EEOC regional attorney Robert Weisberg stated in a statement, “We commend UPS for working collaboratively with the EEOC to resolve the remaining issues in this lawsuit.”
Evangeline Hawthorne, the district director of the EEOC for Miami, stated in a statement that “many employees require accommodations that will allow them to work.”
“The commitment by UPS to address this problem by taking strong, affirmative measures will help ensure equal opportunity for employees,” Hawthorne added.
