News Break-This week The California Department of Fair Employment and Housing announced that United Parcel Service (UPS) must pay more than $96,000 in damages after the company fired employee Eva Linda Mason because of her disability. The Fair Employment and Housing Commission found that UPS had unlawfully terminated Ms. Mason even though she could perform the essential functions of her job. As an experienced Orange County Employment Law Firm, it is important to understand the difference between a disabled employee "with restrictions" and an employee who is "permanently disabled".
There are a small number of situations where an employer can justify terminating an employee due to a permanent disability. One such example is if the disability substantially inhibits one's ability to perform their job and there is no reasonable accommodation that can be made under such circumstances. An employer can validly terminate an employee without it being a wrongful termination.
UPS hired Ms. Mason in 1997 primarily as an Operations Management Specialist to handle customer calls and complaints on shipments. Although she occasionally located packages in a warehouse, handling packages was not part of her job. After Ms. Mason had knee surgery and took a leave of absence to recover in 2007, she continued to carry out the essential customer service functions of her job. Nonetheless, UPS perceived Ms. Mason as disabled because she had some restrictions, such as limited standing, walking, bending, and kneeling. UPS had a 12-month cap on the length of time employees with disabilities could be reasonably accommodated from their regular duties. UPS applied this cap to Ms. Mason and fired her in August 2008.
The Department of Fair Employment and housing said that "Using a 12-month cap to fire disabled employees is unlawful under the Fair Employment and Housing Act (FEHA)," and employees with disabilities must be allowed to work if they can perform their essential job duties with or without accommodation."
The Commission ordered UPS to pay $96,170 in damages, including $10,000 in administrative fines to the State. UPS must also post a notice about its liability and develop a policy and train management on disability discrimination.
As an aggressive Orange County Employment Law Firm, protecting all rights under the law is our priority. No matter how overwhelming the evidence may appear, an experienced Orange County Employment Law Firm should aggressively investigate the allegations, evaluate all of the evidence and identify all adequate defenses.
If you or anyone you know has any questions regarding DFEH Claims or wrongful termination please contact our Orange County Employment Law Firm Duvel & Duvel, PLC 714-542-5100 or at www.duvel-law.com
