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EEOC Sues UPS for Disability Discrimination

The EEOC has charged United Parcel Service (UPS) with discrimination due to their termination of an employee because of his disability. The suit alleges that a UPS human resources supervisor - located in a Jacksonville, Florida warehouse location - referred to an employee with a disability as a “liability.” The human resources supervisor also indicated that the employee could not do his job because of his diabetes.

The employee, who suffers from erratic or brittle diabetes and wears an insulin pump with a continuous glucose monitor, requested accommodation of an occasional short break of less than five minutes in between unloading trailers to check his blood sugar and eat or drink something if needed.

According to the suit, the employee performed the essential functions of the job as a pre-loader without issue for two days before his termination. After the employee’s second shift ended, the HR supervisor left the employee a voicemail message informing him that it was his last day of work.

The regional attorney for the EEOC's Miami District Office stated, “Over 34 million people have diabetes in the United States, it is imperative that employers provide reasonable accommodations, especially where the accommodation would pose no expense and little, if any, disruption to the workplace.”