EEOC Sues FedEx for Disability Discrimination

NEW YORK – Federal Express Corporation, doing business as FedEx Express, violated federal law when it failed to accommodate several dispatchers’ requests to continue working from home and demanded the dispatchers’ immediate return to its downtown Manhattan office, effectively forcing at least one into retirement, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC’s lawsuit, a successful 30-year career dispatcher for FedEx requested to continue teleworking as an accommodation for her disabilities which, among other limitations, substantially limited the employee’s ability to walk. The employee, and other disabled dispatchers, previously performed dispatcher duties remotely for nearly three years, from approximately April 2020 until February 2023.

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, according to the suit. 

Such alleged conduct violated 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. The EEOC seeks relief designed to remedy and prevent discrimination based on disability.

“Allowing an employee to work at home can be a reasonable accommodation where the person’s disability prevents them from successfully performing the job on-site and the job, or parts of the job, can be performed at home without causing significant difficulty or expense,” said EEOC Regional Attorney Kimberly A. Cruz. “Before denying such accommodation requests, companies must sincerely evaluate whether the accommodations can be made, whether they would require significant difficulty or expense, and/or whether alternative accommodations exist.”

Andres F. Puerta, a trial attorney in the EEOC’s New York District Office, said, “The COVID-19 pandemic taught us many things, including that remote work can benefit employers without creating much of a detriment. There is no reason an employee who is successfully working remotely as an accommodation for a disability should be denied continued accommodation where no undue hardship exists.”  

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC’s New York District Office is responsible for processing discrimination charges, administrative enforcement, and the conduct of agency litigation in Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island and Vermont.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.