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EEOC Alleges FedEx Failed to Accommodate Deaf Workers

Deaf manThe United States Equal Employment Opportunity Commission has recently filed a lawsuit against FedEx alleging that the delivery company unlawfully discriminated against deaf and partially deaf workers and job applicants. The illegal conduct allegedly occurred over numerous years and the lawsuit was the result of 19 discrimination charges filed nationwide by deaf and hard of hearing package handlers. Package handlers handle a variety of jobs including loading and unloading boxes from delivery trucks, placing packages on conveyor belts, and scanning or routing packages.

The lawsuit was filed in the U.S. District Court of Maryland in Baltimore. FedEx Ground allegedly employed numerous deaf package handlers across the country and failed to provide reasonable and necessary accommodations, including American Sign Language interpretation or closed-captioning training videos when the deaf employees were on required tours, during orientation or during staff or safety meetings. The EEOC also claims that FedEx failed to provide necessary equipment substitutions such as scanners that vibrate rather than beep and using flashing safety lights on moving equipment.

FedEx’s alleged conduct constitutes a violation of the Americans with Disabilities Act (ADA), which prevents an employer from discriminating on the basis of an employee’s disability. The ADA requires employers to provide reasonable accommodations to job applicants and employees with a disability. The only exception is if the employer can prove that providing the accommodation would constitute an undue hardship.

The case is EEOC v. FedEx Ground Package System, Inc., Civil Action No. 1:14-cv-03081-WMN).

If you have questions about the case discussed above or any other employment law matter, contact the attorneys at The Swenson Law Firm.

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