U.S. district court denies UPS Freight's request to vacate injunction relating to ADA

By Marian Johns | Nov 12, 2018

KANSAS CITY, Kan. -- An effort by UPS Freight, asking a federal court to vacate an injunction which prohibits the company from violating the Americans with Disability Act (ADA), was recently struck down in the U.S. District Court for the District of Kansas.

According to the U.S. Equal Employment Opportunity Commission (EEOC), the commission filed a lawsuit in 2017 against UPS for allegedly paying employees who were reassigned to "non-driving work" for certain reasons such as medical issues, 10 percent less than drivers not reassigned. The UPS policy was confirmed in a collective bargaining agreement (CBA) with the union, the EEOC said. 

UPS argues that since the court issued the injunction, the company has reached a new CBA which is pending, however the federal court denied their request to vacate the injunction "under these tentative circumstances."

"The court's July judgment was well reasoned and its injunction both appropriate and justified under the law," EEOC St. Louis District regional attorney Andrea Baran said in a statement.  "We are very pleased the court sided again with the commission and denied UPS Freight's ill-advised attempt to skirt its responsibilities under the ADA."

"This new order reinforces the importance of employers complying with the ADA and that doing so is not onerous," added EEOC senior trial attorney Grant Doty.

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