EEOC Sues FedEx Contractor Over Alleged Disability Discrimination

Lubin Logistics Accused of Wrongful Termination After Lupus Flare-Up
In May 2024, the U.S. Equal Employment Opportunity Commission (EEOC) announced a lawsuit against Lubin Logistics Company, a package delivery contractor for FedEx, for allegedly firing a driver following a lupus flare-up. The EEOC asserts that this action constitutes illegal discrimination under the Americans with Disabilities Act (ADA).

Background of the Case
The lawsuit details that the driver was hired by Lubin Logistics in November 2021. During the hiring process, the driver disclosed his condition, lupus, an autoimmune disease that can cause painful flare-ups.

Initially, the driver was trained as a “jumper,” responsible for delivering packages from a truck driven by another employee. However, just two weeks into his employment, the driver was assigned to a malfunctioning truck lacking a working door, heating system, and functional passenger seat. These poor working conditions led to a severe lupus flare-up, causing significant pain in the driver’s legs and feet. He requested and received permission to return to the delivery terminal early due to his condition.

Allegations of Wrongful Termination
Before his next shift, the driver received a text message informing him of his termination due to his medical condition. Despite assuring Lubin Logistics that he could continue his duties or work as a package loader, the company proceeded with his termination.

EEOC’s Standpoint
“The ADA prohibits the termination of an employee because of a disability, actual or perceived,” stated Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “Additionally, the ADA prohibits employers from terminating an employee because of their request for an accommodation related to a disability. Lubin Logistics violated both rules when it fired an employee because of his medical condition and his one-time request for accommodation, despite his ability to perform the essential functions of his job.”

Darrell Graham, district director of the EEOC’s Atlanta office, emphasized the importance of evaluating employees based on their ability to perform job duties, not their medical conditions or accommodation requests. “The EEOC is committed to enforcing the ADA to protect the rights of employees with disabilities,” he said.

The lawsuit seeks to address these alleged violations and ensure that employees with disabilities are protected under federal law. The EEOC aims to hold Lubin Logistics accountable and prevent similar incidents in the future.