Benefits August 28, 2009

EEOC Claims UPS Medical Leave Policy is Discriminatory

August 28, 2009 (PLANSPONSOR.com) - In a class action lawsuit filed in federal court in Chicago, the U.S. Equal Employment Opportunity Commission (EEOC) charged that Atlanta-based United Parcel Service, Inc. (UPS) violated the Americans with Disabilities Act (ADA) by rejecting an extension of medical leave as a reasonable accommodation for its employees with disabilities.
Reported by

The suit is being filed on behalf of a class of employees who were fired after exceeding UPS’ 12-month leave policy. “[P]olicies like this one at UPS, which set arbitrary deadlines for returning to work after medical treatment, unfairly keep disabled employees from working,” said EEOC Chicago Regional Attorney John Hendrickson, in a press release.

The EEOC said Trudi Momsen, an administrative assistant at UPS, took a 12-month leave of absence from work when she began experiencing symptoms of what was later diagnosed as multiple sclerosis. She returned to work for a few weeks, but soon thereafter needed additional time off after experiencing what she believed to be negative side effects of her medication.

Never miss a story — sign up for PLANSPONSOR newsletters to keep up on the latest retirement plan benefits news.

Although Momsen could have returned to work after an additional two-week leave of absence, UPS fired her for exceeding its 12-month leave policy. Following its investigation, the EEOC reached an administrative determination that UPS failed to accommodate Momsen’s disability, in violation of the ADA.

According to the press release, the EEOC filed suit after first attempting to reach a voluntary settlement with UPS.

UPS describes itself as the world’s largest package delivery company.

Compliance August 27, 2009

U.S. Senate Bill Bans Workplace Gender Identity Discrimination

August 27, 2009 (PLANSPONSOR.com) - A proposed U.S. Senate bill would bar employment discrimination based on sexual orientation or gender identity.
Reported by

A news release from Senator Jeff Merkley (D-Oregon) saidthe Employment Non-Discrimination Act (ENDA) would prohibit employers, employment agencies, labor organizations and joint labor-management committees from firing, refusing to hire, or otherwise discriminating against those employed or seeking employment, on the basis of their perceived or actual sexual orientation or gender identity.  Such protections are already in place prohibiting discrimination based on race, religion, gender, national origin, age, and disability.

“There is no place in the workplace for employment discrimination,” said Merkley, in the statement.  “No worker in America should be fired or denied a job based on who they are.  Discrimination is wrong, period. “

Get more!  Sign up for PLANSPONSOR newsletters.

The bill had 37 Senate co-sponsors including Senator Edward M. Kennedy (D-Massachusetts) who died this week. It has been endorsed by national civil rights organizations such as the Human Rights Campaign, the Leadership Conference on Civil Rights, the ACLU, labor organizations and more than 50 Fortune 500 companies, according to the news release.

While no existing federal law bans discrimination based on sexual orientation or gender identity, some states have passed measures for that purpose. In addition, a federal district court recently opened the door for transsexuals to pursue federal equal protection claims for discrimination based on sex by associating themselves with the group of individuals diagnosed with the medical condition Gender Identity Disorder or the group that doesn’t conform to sexual stereotypes (see District Court Gives Transsexuals Course for Discrimination Suits ).

«