The U.S. Equal Employment Opportunity Commission (EEOC) has filed a federal lawsuit against Exel Inc., doing business as DHL Supply Chain (USA). The lawsuit alleges that the international logistics giant discriminated against an employee at its Forest Park, Georgia warehouses when it denied her a reasonable accommodation and then discharged her.
According to the EEOC’s suit, Exel denied a reasonable accommodation to a disabled, former temporary employee who worked for Exel through a staffing company. One of the assignments at Exel required employees to spend significant time in a cooler. The former employee has sickle cell disorder which can be triggered by extreme cold.
In January 2023, when a new supervisor assigned her to work only in the cooler, she requested the accommodation of working in the cooler for shorter periods of time, or being assigned to two other available assignments which did not require entering the cooler. Even though she worked in the non-cooler assignments for most of her employment with Exel, the company denied her request and said it does not accommodate medical restrictions. Shortly after denying the requested accommodation, Exel discharged her. Exel later hired all other temporary employees for full-time positions except for the former employee, costing her a permanent position, the suit said.
“Federal law requires that employers accommodate disabled employees when it is not an undue hardship to do so,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “In this case, Exel could have easily assigned the employee to work in the other roles that did not require going into the cooler or limited her time working in the cooler. Instead, the company stated unequivocally that it does not accommodate restrictions, and not only fired her, but also denied her permanent employment. That was unlawful, and the EEOC will continue to hold employers accountable for conduct.”
Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires the accommodation of disabilities absent undue hardship, and prohibits employers from discharging or not hiring an employee because of their disability or because they engaged in protected activity.
The EEOC filed suit (EEOC v. Exel Inc, d/b/a DHL Supply Chain (USA), Case No. 1:26-cv-01720) in U.S. District Court for the Northern District of Georgia, Atlanta Division, after first attempting to reach a pre-litigation settlement via its conciliation process. The EEOC is seeking back pay, front pay, compensatory damages, and punitive damages for Exel’s former employee, as well as injunctive relief to prevent future discrimination.
Darrell E. Graham, district director of the EEOC’s Atlanta District Office, said, “Employers cannot adopt blanket policies refusing to accommodate restrictions. Doing so denies disabled employees the interactive process required by law. The facts in this case make clear that accommodation was possible.”
