Federal Court Allows EEOC Disability Case to Proceed, Denying United Parcel Service

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Federal Court Allows EEOC Disability Case to Proceed, Denying United Parcel Service's Appeal - JDSupra

Decision Important to Issue of Identifying Victims of Discrimination in Class Cases, Federal Agency Says

A federal district court has denied United Parcel Service's (UPS) motion to appeal an earlier ruling in favor of the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The contested ruling allowed the Commission's disability discrimination case to proceed to the discovery phase. (EEOC, et al., v. United Parcel Service, Inc., No. 09-cv-05291 (N.D. Ill. June 11, 2013.)

In its suit, originally filed in 2009, the EEOC alleged that UPS violated the Americans with Disabilities Act (ADA) by allowing only 12-month leaves of absence, failing to provide disabled employees with further reasonable accommodations for their disabilities, and 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.
 
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