u/Law_hacker_1000

https://www.eeoc.gov/newsroom/fedex-pay-280000-eeoc-disability-discrimination-lawsuit

In the lawsuit, the EEOC charged that in February 2023, FedEx failed to accommodate several dispatchers’ requests to continue working from home and demanded the dispatchers’ return to its downtown Manhattan office, effectively forcing at least one into retirement. The employee, and other disabled dispatchers, previously performed dispatcher duties remotely and successfully for nearly three years. According to the suit, FedEx denied continued telework based on an alleged operational need to have all its dispatchers work in the office and failed to engage with its disabled dispatchers to find alternative accommodations.

“This case serves as a reminder that employers should not take a blanket approach to telework accommodations and should take care to engage in individualized assessments,” said Kimberly A. Cruz, regional attorney for the EEOC’s New York District Office. “Changing the location where work is performed may fall under the ADA’s reasonable accommodation requirements, even if the employer does not allow other employees to telework.”

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits an employer from failing to reasonably accommodate an employee’s qualifying disability, absent undue hardship. The EEOC filed suit in U.S. District Court for the Southern District of New York (EEOC v. Federal Express Corporation d/b/a FedEx Express, Civil Action No. 1:25-cv-00454) after first attempting to reach a pre-litigation settlement through its conciliation process.

Arlean Nieto, acting director of the EEOC’s New York District Office, said, “The EEOC is committed to enforcing the ADA and holding employers accountable for denying reasonable accommodations to employees with disabilities.”

The timeline is somewhat depressing:

June 17, 2024, the Commission issued a Letter of Determination to FedEx finding reasonable cause to believe that FedEx violated the ADA
The Commission engaged in communications with FedEx to provide it the opportunity to remedy the discriminatory practices alleged in the Letter of Determination.
August 29, 2024, the Commission issued to FedEx a Notice of Failure of Conciliation advising FedEx that the Commission was unable to secure from FedEx a conciliation agreement acceptable to the Commission.
January 16,2025 the Commission filed a charge on their own due to FedEx failure to come to a conciliation agreement
February 11, 2025 WAIVER OF SERVICE RETURNED EXECUTED. Federal Express Corporation waiver sent on 1/16/2025, answer due 3/17/2025.
March 17, 2025 (on the due date, no earlier) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FedEx Corporation for Federal Express Corporation. Document filed by Federal Express Corporation..(Caminiti, Kathleen) (Entered: 03/17/2025)
March 18, 2025 ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr).
April 16, 2025 FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 6/12/2025 at 09:30 AM in telephone or video conference.(sni)
June 17, 2025 Mediation Conference
July 14, 2025 Mediation Conference
July 21, 2025 Mediation Conference
July 28, 2025 ORDER TO SHOW CAUSE:Rule 41(b) of the Federal Rules of Civil Procedure, for failure to prosecute and comply with court orders, and why the Court should not impose lesser sanctions in lieu of dismissal.
July 31, 2025 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Mary Kay Vyskocil, United States District Judge: This proposed Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3): All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See28 U.S.C. § 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order.
August 13, 2025 STATUS REPORT. Joint Status Letter re Mediation Document filed by U.S. Equal Employment Opportunity Commission.
September 26, 2025 Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 9/26/2025. Mediation Status due by 10/27/2025. (rpr)
October 17, 2025 Government shutdown/funding halted - ORDER granting 24 Motion to Stay. Upon Motion and good cause appearing, IT IS HEREBY ORDERED that, due to a lapse in appropriations for the EEOC at midnight on September 30, 2025, the litigation of and deadlines in this matter shall be STAYED until the EEOC's funding is restored and all pending deadlines in this matter will be extended for the same number of days as the lapse in the EEOC's funding.
October 20, 2025 Mediation Conference
January 21, 2026 Set/Reset Mediation Case Tracking Deadlines: Mediation Status due by 2/20/2026.
April 2, 2026 JOINT MOTION for Settlement Approval and Entry of Consent Decree. Document filed by U.S. Equal Employment Opportunity Commission.
April 16, 2026 CONSENT DECREE: In consideration of the mutual promises and agreements contained in this Decree, the sufficiency of which is hereby acknowledged, the Parties agree as follows, this Court finds appropriate, and it is therefore ORDERED, ADJUDGED, AND DECREED that: As further set forth by this Order. V. MONETARY RELIEF 20. Within twenty-one (21) days of the Effective Date of this Decree, Defendant will issue payments totaling $280,000.00 as described

Unreal and depressing - these cases take over 2 years to litigate even with EEOC driving the charge....

In an EEOC discrimination claim, do lawyers typically file a parallel ERISA 510 claim if there is any indication of benefits interference?

Once again, blanket anti-WFH, mandatory RTO isnt gonna fly - FedEx to Pay $280,000 in EEOC Disability Discrimination Lawsuit