EEOC Disability Suit Against UPS

On its own motion, a federal district court reversed itself Friday and denied a defendant's motions to dismiss a lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC) against United Parcel Service, Inc., the agency announced today. According to the EEOC, the ruling (EEOC, et al., v. United Parcel Service, Inc., No. 09-cv-05291 (N.D. Ill. Jan. 11, 2013)) is important because it confirms that the federal agency can pursue claims of employment discrimination on behalf of persons whose identities may not be known at the outset of the case.

In its suit, originally filed in 2009, the EEOC alleged that UPS violated the Americans with Disabilities Act (ADA) by allowing disabled employees only 12-month leaves of absence and failing to provide them with reasonable accommodations for their disabilities, instead firing them if they exceeded those parameters. UPS moved to dismiss the EEOC's complaint, arguing, in part, that the EEOC did not provide enough information about unidentified UPS employees for whom EEOC was seeking relief. The court initially agreed and dismissed the EEOC's complaint but allowed the EEOC to file an amended complaint.

The EEOC went on to file two more amended complaints, both of which the court dismissed at UPS's request, because, according to the court, the EEOC still had not alleged adequate factual information with respect to the unidentified class members. The EEOC did not identify by name more than two of its class members in any of its complaints.

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Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.