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FedEx to pay $3.3M to settle disability discrimination lawsuit

FedEx making a ground delivery in a San Diego neighborhood

FedEx Ground will pay $3.3 million and provide programmatic relief to resolve a companywide disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

The EEOC charged that FedEx Ground denied package handlers who are deaf and hard-of-hearing  reasonable accommodations and that it discriminated against applicants who are deaf and hard-of-hearing to the package handler position. Package handlers are responsible for loading, unloading, scanning and routing packages at the company’s distribution facilities.

Under the Americans with Disabilities Act (ADA), employers must make reasonable accom­­modations to the known limitations of qualified individuals with disabilities to enable them to perform the essential functions of their jobs and to enjoy equal benefits and privileges of employment.

The EEOC litigated the case, Civil Action No. 15-cv-00256, in U.S. District Court for the Western District of Pennsylvania. Prior to filing suit, the EEOC attempted to reach a pre-litigation settlement through its conciliation process. The agency had conducted a nationwide systemic investigation after numerous deaf and hard-of-hearing package handlers filed ADA discrimination charges with EEOC offices throughout the country.

The two-year consent decree settling the suit identifies 229 individuals who may receive payment as part of the settlement. It also requires FedEx Ground to provide deaf and hard-of-hearing package handlers with access to live and video remote American Sign Language interpreting, captioned videos, and scanning equipment with non-audible cues such as vibration.

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