FIRED EMPLOYEE BECAUSE OF HIS DISABILITY
Lubin Logistics, which engaged in package deliveries for FedEx, is alleged to have violated federal law because it fired an employee who suffered from lupus.
Because he was purportedly assigned to a truck without a working door, operating heating system, or functional passenger seat, the individual suffered a “rare lupus ‘flare-up’” which triggered severe pain to his feet and legs. And when he reported back to the terminal early (prior to his shift’s end), he was eventually terminated because of his medical condition.
Believing that such conduct violated the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission (EEOC) filed suit (EEOC v. Lubin Logistics Company, Case No. 1:24-cv-01911-JPB-LTW) in U.S. District Court for the Northern District of Georgia, seeking monetary damages and injunctive relief.
In a written statement, Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office noted that, “The ADA prohibits the termination of an employee because of a disability, actual or perceived …. Additionally, the ADA prohibits employers the termination of an employee because of their request for an accommodation related to a disability. Lubin Logistics violated both rules when it fired an employee because of his medical condition and his one-time request, when he had otherwise been capable of performing the essential functions of his job.”
Looks like the EEOC delivered some bad news there.
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