The suit alleged that the global logistics provider failed to accommodate dispatchers with disabilities who had successfully worked remotely for nearly three years.
In February 2023, FedEx demanded that these employees return to its downtown Manhattan office, effectively forcing at least one dispatcher into retirement.
The EEOC charged that FedEx denied continued telework based on an alleged operational need to have all dispatchers work in the office.
The agency further alleged that FedEx failed to engage with its disabled dispatchers to find alternative accommodations.
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 attempting to reach a pre-litigation settlement through its conciliation process.
Kimberly A. Cruz, regional attorney for the EEOC's New York District Office, stated that the case serves as a reminder that employers should not take a blanket approach to telework accommodations and should take care to engage in individualized assessments. Cruz said that changing the location where work is performed may fall under the Americans with Disabilities Act's reasonable accommodation requirements, even if the employer does not allow other employees to telework.
The consent decree requires FedEx to provide training for employees involved in reviewing requests for reasonable accommodations and for employees assigned to its Manhattan office.
The company must also update its policies and procedures concerning accommodations for disabilities, issue an annual executive message, and provide compliance-related reporting to the EEOC.
The decree includes the posting of a notice in the workplace informing employees of the settlement and their rights under federal anti-discrimination law.
It also provides for a path to reinstatement for an aggrieved former dispatcher.