UPS Lawsuits - (United Parcel Service)
Monday, November 15, 2004
Free counters provided by Andale.
Free counters provided by Andale.
Tuesday, November 09, 2004
BATES V. UPS
BATES Wins Lawsuit against United Parcel Service!!
Thank you judge Henderson!
Tuesday, November 02, 2004
Veltri V. UPS - Court Filed Documents
Darlene E. Veltri and the American Association of Persons with Disabilities vs. United Parcel Service, Inc., Civil Action No. 04-1177 (W. D. Pa. 2004)
Charge of Discrimination
UPS Position Statement
Rebuttal to Position Statement
Class Action Complaint
First Amended Complaint
UPS Motion for Case Reassignment
Plaintiffs' Response in Opposition to UPS Motion for Reassignment
UPS Motion for Leave to File Reply Brief on Issue of Case Reassignment w/ Proposed Brief
Plaintiffs' Letter to Court Regarding UPS Motion for Leave to File Reply Brief
UPS Motion to Dismiss Plaintiffs' First Amended Complaint with Supporting Brief
Plaintiffs' Response in Opposition to UPS Motion to Dismiss First Amended Complaint
UPS Video of Sorters at Work
Monday, November 01, 2004
It is Time for Teamsters to Unite!UPS has power when we go it alone. The Americans with Disabilities Act has been in place since 1990 to give Civil Rights Protection to those with Disabilities. All kinds of disabilities. UPS is known for intimidation, Secretive Confidential Settlements, that don't give equality and power to the next employee facing the same problem, and for getting away with it. It is time to end Disparate Treatment!It is time for us to work together. We need to share information that will help us all win. We must become advocates, and demand that our local Teamster Unions get the information that UPS keeps hidden. Having a Democratic Union is awesome, however when we elect new leadership they are not privy to everything that has taken place in the past. They are so caught up in the daily workings of the Union, it is very difficult for them to do all that we need them to do. We need to give them the information they may not even realize they don't know. We need to offer advice and help. Ask if you can stuff envelopes for an afternoon to inform the membership of items they need to know. Email the IBT or call, and tell them what is happening at your hub.We all know what it is like, it is time to fight back. We can do it.
Have you been discriminated against by UPS for a Workers Compensation Claim or a Disability covered by the Americans with Disability Act?A Class Action Lawsuit was filed on September 10, 2004. Go to this LINK for more info:http://www.bigclassaction.com/class_action/ups1.html
Here is an article about it:http://atlanta.bizjournals.com/atlanta/stories/2004/09/06/daily31.html
Have you been discriminated Against by UPS for a hearing impairment?A Class Action Lawsuit was won! Go to this Link for more Info:http://www.bigclassaction.com/class_action/ups2.html
Have you been discriminated against by UPS when you participated the Employee Assistance Program? An employee was fired after UPS discovered a prescribed anti-anxiety medication in her urine sample. This is for non-drivers only. Go here for more info:http://www.bigclassaction.com/class_action/ups3.html
Here is an article about it:http://www.ishn.com/CDA/ArticleInformation/news/news_item/0,2169,131652,00.html
Here is information about a Class Action Lawsuit that was WON against UPS for Racial Discrimination:http://www.lieffcabraser.com/ups.htm
A Gay UPS employee sued UPS over Benefits for his Domestic Partner and WON!http://www.thestate.com/mld/thestate/business/7986406.htm
Post your story, or weblinks here, or email me at: mailto:UPSLawsuitDet@gmail.com
Remember to remain anonymous with all your postings here.
Friday, October 15, 2004
Here are some LINKS to important INFO
http://www.eeoc.gov/facts/ada17.html - The ADA: Your Reponsibilities as an Employer
http://www.eeoc.gov/policy/docs/guidance-inquiries.html - Enforcement Guidance on Disability-Related Inquiries and Medical Examinations
http://www.eeoc.gov/policy/docs/psych.html - EEOC Enforcement Guidance on the ADA and Psychiatric Conditions
http://www.fmcs.gov/internet/ - Federal Motor Carrier Safety Administration
http://www.wsdot.wa.gov/ - WA State Dept. of Transportation
http://www.cdc.gov/niosh/homepage.html - National Institute for Occupational Safety
http://www.gpoaccess.gov/cfr/index.html - Federal Register Search
http://dms.dot.gov/ - Search Dockets
Court Cases against UPS:
http://siop.org/tip/backissues/TipOct01/13gutman.htm - Significant if you know what to look for..............................
Other Court Cases of Interest:
Agencies/Help for Disabled:
http://www.ur12.org/ - Lots of Teamster site LINKS
ADA/Diabetes/other health related sites regarding employment:
Searching/Court Web Sites:
Info on UPS that is Interesting, or maybe Helpful:
Here is the "Official" information about what employers are REQUIRED to do under the Americans with Disabilities Act, when a Reasonable Accommodation has been requested by an employee:
Here is a short abridged version:
Title I of the Americans with Disabilities Act of 1990 (the "ADA")(1) requires an employer(2) to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. "In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities."(3)
There are three categories of "reasonable accommodations":
"(i) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
(ii) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
(iii) modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities."(4)
The duty to provide reasonable accommodation is a fundamental statutory requirement because of the nature of discrimination faced by individuals with disabilities. Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, there are workplace barriers that keep others from performing jobs which they could do with some form of accommodation. These barriers may be physical obstacles (such as inaccessible facilities or equipment), or they may be procedures or rules (such as rules concerning when work is performed, when breaks are taken, or how essential or marginal functions are performed). Reasonable accommodation removes workplace barriers for individuals with disabilities. Reasonable accommodation is available to qualified applicants and employees with disabilities.(5) Reasonable accommodations must be provided to qualified employees regardless of whether they work part- time or full-time, or are considered "probationary." Generally, the individual with a disability must inform the employer that an accommodation is needed.(6)
There are a number of possible reasonable accommodations that an employer may have to provide in connection with modifications to the work environment or adjustments in how and when a job is performed. These include:
making existing facilities accessible;
part-time or modified work schedules;
acquiring or modifying equipment;
changing tests, training materials, or policies;
providing qualified readers or interpreters; and
reassignment to a vacant position.(7)
A modification or adjustment is "reasonable" if it "seems reasonable on its face, i.e., ordinarily or in the run of cases;"(8) this means it is "reasonable" if it appears to be "feasible" or "plausible."(9)An accommodation also must be effective in meeting the needs of the individual.(10) In the context of job performance, this means that a reasonable accommodation enables the individual to perform the essential functions of the position.
Similarly, a reasonable accommodation enables an applicant with a disability to have an equal opportunity to participate in the application process and to be considered for a job. Finally, a reasonable accommodation allows an employee with a disability an equal opportunity to enjoy the benefits and privileges of employment that employees without disabilities enjoy.
The only statutory limitation on an employer's obligation to provide "reasonable accommodation" is that no such change or modification is required if it would cause "undue hardship" to the employer.(16) "Undue hardship" means significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.(17) An employer must assess on a case-by-case basis whether a particular reasonable accommodation would cause undue hardship. The ADA's "undue hardship" standard is different from that applied by courts under Title VII of the Civil Rights Act of 1964 for religious accommodation.(18)
REQUESTING REASONABLE ACCOMMODATION
How must an individual request a reasonable accommodation?
When an individual decides to request accommodation, the individual or his/her representative must let the employer know that s/he needs an adjustment or change at work for a reason related to a medical condition. To request accommodation, an individual may use "plain English" and need not mention the ADA or use the phrase "reasonable accommodation."(19)
Example A: An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." This is a request for a reasonable accommodation.
Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." This is a request for a reasonable accommodation.
Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. This is a request for reasonable accommodation.
Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Although this is a request for a change at work, his statement is insufficient to put the employer on notice that he is requesting reasonable accommodation. He does not link his need for the new chair with a medical condition.
While an individual with a disability may request a change due to a medical condition, this request does not necessarily mean that the employer is required to provide the change. A request for reasonable accommodation is the first step in an informal, interactive process between the individual and the employer. In some instances, before addressing the merits of the accommodation request, the employer needs to determine if the individual's medical condition meets the ADA definition of "disability,"(20) a prerequisite for the individual to be entitled to a reasonable accommodation.
Some Questions and Answers:
May an employer apply a "no-fault" leave policy, under which employees are automatically terminated after they have been on leave for a certain period of time, to an employee with a disability who needs leave beyond the set period?
No. If an employee with a disability needs additional unpaid leave as a reasonable accommodation, the employer must modify its "no-fault" leave policy to provide the employee with the additional leave, unless it can show that: (1) there is another effective accommodation that would enable the person to perform the essential functions of his/her position, or (2) granting additional leave would cause an undue hardship. Modifying workplace policies, including leave policies, is a form of reasonable accommodation.(50)
Does an employer have to hold open an employee's job as a reasonable accommodation?
Yes. An employee with a disability who is granted leave as a reasonable accommodation is entitled to return to his/her same position unless the employer demonstrates that holding open the position would impose an undue hardship.(51)
If an employer cannot hold a position open during the entire leave period without incurring undue hardship, the employer must consider whether it has a vacant, equivalent position for which the employee is qualified and to which the employee can be reassigned to continue his/her leave for a specific period of time and then, at the conclusion of the leave, can be returned to this new position.(52)
Modified Workplace Policies
Is it a reasonable accommodation to modify a workplace policy?
Yes. It is a reasonable accommodation to modify a workplace policy when necessitated by an individual's disability-related limitations,(71) absent undue hardship. But, reasonable accommodation only requires that the employer modify the policy for an employee who requires such action because of a disability; therefore, the employer may continue to apply the policy to all other employees.
Example: An employer has a policy prohibiting employees from eating or drinking at their workstations. An employee with insulin-dependent diabetes explains to her employer that she may occasionally take too much insulin and, in order to avoid going into insulin shock, she must immediately eat a candy bar or drink fruit juice. The employee requests permission to keep such food at her workstation and to eat or drink when her insulin level necessitates. The employer must modify its policy to grant this request, absent undue hardship. Similarly, an employer might have to modify a policy to allow an employee with a disability to bring in a small refrigerator, or to use the employer's refrigerator, to store medication that must be taken during working hours.
Granting an employee time off from work or an adjusted work schedule as a reasonable accommodation may involve modifying leave or attendance procedures or policies. For example, it would be a reasonable accommodation to modify a policy requiring employees to schedule vacation time in advance if an otherwise qualified individual with a disability needed to use accrued vacation time on an unscheduled basis because of disability- related medical problems, barring undue hardship.(72)Furthermore, an employer may be required to provide additional leave to an employee with a disability as a reasonable accommodation in spite of a "no-fault" leave policy, unless the provision of such leave would impose an undue hardship.(73)
In some instances, an employer's refusal to modify a workplace policy, such as a leave or attendance policy, could constitute disparate treatment as well as a failure to provide a reasonable accommodation. For example, an employer may have a policy requiring employees to notify supervisors before 9:00 a.m. if they are unable to report to work. If an employer would excuse an employee from complying with this policy because of emergency hospitalization due to a car accident, then the employer must do the same thing when the emergency hospitalization is due to a disability.(74)
The ADA specifically lists "reassignment to a vacant position" as a form of reasonable accommodation.(76) This type of reasonable accommodation must be provided to an employee who, because of a disability, can no longer perform the essential functions of his/her current position, with or without reasonable accommodation, unless the employer can show that it would be an undue hardship.(77)
An employee must be "qualified" for the new position. An employee is "qualified" for a position if s/he: (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and (2) can perform the essential functions of the new position, with or without reasonable accommodation.(78) The employee does not need to be the best qualified individual for the position in order to obtain it as a reassignment.
There is no obligation for the employer to assist the individual to become qualified. Thus, the employer does not have to provide training so that the employee acquires necessary skills to take a job.(79) The employer, however, would have to provide an employee with a disability who is being reassigned with any training that is normally provided to anyone hired for or transferred to the position.
Example A: An employer is considering reassigning an employee with a disability to a position which requires the ability to speak Spanish in order to perform an essential function. The employee never learned Spanish and wants the employer to send him to a course to learn Spanish. The employer is not required to provide this training as part of the obligation to make a reassignment. Therefore, the employee is not qualified for this position.
Example B: An employer is considering reassigning an employee with a disability to a position in which she will contract for goods and services. The employee is qualified for the position. The employer has its own specialized rules regarding contracting that necessitate training all individuals hired for these positions. In this situation, the employer must provide the employee with this specialized training.
Before considering reassignment as a reasonable accommodation, employers should first consider those accommodations that would enable an employee to remain in his/her current position. Reassignment is the reasonable accommodation of last resort and is required only after it has been determined that: (1) there are no effective accommodations that will enable the employee to perform the essential functions of his/her current position, or (2) all other reasonable accommodations would impose an undue hardship.(80) However, if both the employer and the employee voluntarily agree that transfer is preferable to remaining in the current position with some form of reasonable accommodation, then the employer may transfer the employee.
"Vacant" means that the position is available when the employee asks for reasonable accommodation, or that the employer knows that it will become available within a reasonable amount of time. A "reasonable amount of time" should be determined on a case-by-case basis considering relevant facts, such as whether the employer, based on experience, can anticipate that an appropriate position will become vacant within a short period of time.(81) A position is considered vacant even if an employer has posted a notice or announcement seeking applications for that position. The employer does not have to bump an employee from a job in order to create a vacancy; nor does it have to create a new position.(82)
Example C: An employer is seeking a reassignment for an employee with a disability. There are no vacant positions today, but the employer has just learned that another employee resigned and that that position will become vacant in four weeks. The impending vacancy is equivalent to the position currently held by the employee with a disability. If the employee is qualified for that position, the employer must offer it to him.
Example D: An employer is seeking a reassignment for an employee with a disability. There are no vacant positions today, but the employer has just learned that an employee in an equivalent position plans to retire in six months. Although the employer knows that the employee with a disability is qualified for this position, the employer does not have to offer this position to her because six months is beyond a "reasonable amount of time." (If, six months from now, the employer decides to advertise the position, it must allow the individual to apply for that position and give the application the consideration it deserves.)
The employer must reassign the individual to a vacant position that is equivalent in terms of pay, status, or other relevant factors (e.g., benefits, geographical location) if the employee is qualified for the position. If there is no vacant equivalent position, the employer must reassign the employee to a vacant lower level position for which the individual is qualified. Assuming there is more than one vacancy for which the employee is qualified, the employer must place the individual in the position that comes closest to the employee's current position in terms of pay, status, etc.(83)If it is unclear which position comes closest, the employer should consult with the employee about his/her preference before determining the position to which the employee will be reassigned. Reassignment does not include giving an employee a promotion. Thus, an employee must compete for any vacant position that would constitute a promotion.
Must an employer provide a reassignment if it would violate a seniority system?
Generally, it will be "unreasonable" to reassign an employee with a disability if doing so would violate the rules of a seniority system.(92) This is true both for collectively bargained seniority systems and those unilaterally imposed by management. Seniority systems governing job placement give employees expectations of consistent, uniform treatment expectations that would be undermined if employers had to make the type of individualized, case-by-case assessment required by the reasonable accommodation process.(93)
However, if there are "special circumstances" that "undermine the employees' expectations of consistent, uniform treatment," it may be a "reasonable accommodation," absent undue hardship, to reassign an employee despite the existence of a seniority system. For example, "special circumstances" may exist where an employer retains the right to alter the seniority system unilaterally, and has exercised that right fairly frequently, thereby lowering employee expectations in the seniority system.(94)In this circumstance, one more exception (i.e., providing the reassignment to an employee with a disability) may not make a difference.(95)
Alternatively, a seniority system may contain exceptions, such that one more exception is unlikely to matter.(96) Another possibility is that a seniority system might contain procedures for making exceptions, thus suggesting to employees that seniority does not automatically guarantee access to a specific job.
RESOURCES FOR LOCATING REASONABLE ACCOMMODATIONS
U.S. Equal Employment Opportunity Commission
The EEOC's Publication Center has many free documents on the Title I employment provisions of the ADA, including both the statute, 42 U.S.C. . 12101 et seq. (1994), and the regulations, 29 C.F.R. . 1630 (1997).
In addition, the EEOC has published a great deal of basic information about reasonable accommodation and undue hardship. The two main sources of interpretive information are:
(1) the Interpretive Guidance accompanying the Title I regulations (also known as the "Appendix" to the regulations), 29 C.F.R. pt. 1630 app. .. 1630.2(o), (p), 1630.9 (1997) , and
(2) A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act III, 8 FEP Manual (BNA) 405:6981, 6998-7018 (1992). The Manual includes a 200-page Resource Directory, including federal and state agencies, and disability organizations that can provide assistance in identifying and locating reasonable accommodations.
The EEOC also has discussed issues involving reasonable accommodation in the following guidances and documents:
(1) Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations at 5, 6-8, 20, 21-22, 8 FEP Manual (BNA) 405:7191, 7192-94, 7201 (1995);
(2) Enforcement Guidance: Workers' Compensation and the ADA at 15-20, 8 FEP Manual (BNA) 405:7391, 7398-7401 (1996);
(3) Enforcement Guidance: The Americans with Disabilities Act and Psychiatric Disabilities at 19-28, 8 FEP Manual (BNA) 405:7461, 7470-76 (1997); and
(4) Fact Sheet on the Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964 at 6-9, 8 FEP Manual (BNA) 405:7371, 7374-76 (1996).
Finally, the EEOC has a poster that employers and labor unions may use to fulfill the ADA's posting requirement.
All of the above-listed documents, with the exception of the ADA Technical Assistance Manual and Resource Directory and the poster, are also available through the Internet at http://www.eeoc.gov.
Monday, October 11, 2004
It is Time for Teamsters to Unite!
UPS has power when we go it alone. The Americans with Disabilities Act has been in place since 1990 to give Civil Rights Protection to those with Disabilities. All kinds of disabilities. UPS is known for intimidation, Secretive Confidential Settlements, that don't give equality and power to the next employee facing the same problem, and for getting away with it. It is time to end Disparate Treatment!
It is time for us to work together. We need to share information that will help us all win. We must become advocates, and demand that our local Teamster Unions get the information that UPS keeps hidden. Having a Democratic Union is awesome, however when we elect new leadership they are not privy to everything that has taken place in the past. They are so caught up in the daily workings of the Union, it is very difficult for them to do all that we need them to do. We need to give them the information they may not even realize they don't know. We need to offer advice and help. Ask if you can stuff envelopes for an afternoon to inform the membership of items they need to know. Email the IBT or call, and tell them what is happening at your hub.
We all know what it is like, it is time to fight back. We can do it.
Have you been discriminated against by UPS for a Workers Compensation Claim or a Disability covered by the Americans with Disability Act?
A Class Action Lawsuit was filed on September 10, 2004. Go to this LINK for more info:
Here is an article about it:
Have you been discriminated Against by UPS for a hearing impairment?
A Class Action Lawsuit was won! Go to this Link for more Info:
Have you been discriminated against by UPS when you participated the Employee Assistance Program? An employee was fired after UPS discovered a prescribed anti-anxiety medication in her urine sample. This is for non-drivers only. Go here for more info:
Here is an article about it:
Here is information about a Class Action Lawsuit that was WON against UPS for Racial Discrimination:
A Gay UPS employee sued UPS over Benefits for his Domestic Partner and WON!
Post your story, or weblinks here, or email me at: mailto:UPSLawsuitDet@gmail.com
Remember to remain anonymous with all your postings here.