In Ohio, ADA Reasonable Accommodation To Employees

EEOC v. United Parcel Services

In this ADA lawsuit, the Cleveland District Office alleged that defendant, a nationwide package delivery service, refused to provide a reasonable accommodation to charging party, a driver who suffered from severe allergies, in the form of a job transfer. Charging party worked for defendant in Texas and developed allergies, unique to the local air quality, which made it difficult for him to live, work and breathe. He requested that defendant transfer him to a driver position in Ohio. Defendant refused to transfer him but advised him that he could quit his job in Texas and apply for rehire in Ohio. Relying upon the information defendant provided, charging party quit his job and sought rehire in Ohio but UPS refused to rehire him because of its policy of not hiring individuals who have quit their employment. The district court granted summary judgment to defendant in September 1999, but the sixth circuit reversed and remanded the case in May 2001. The case was resolved through a settlement agreement which provides for payment of $75,000 to charging party, representing $37,500 in back pay and $37,500 in compensatory damages.