Long-Term Employee Sues FedEx for Disability Discrimination

November 15, 2019, New York, NY – Today, Legal Services NYC announced it filed a federal lawsuit in the US District Court for the Southern District of New York charging FedEx Corp with disability discrimination after the company refused to provide a reasonable accommodation to a long-time employee Ramon Cayetano, a Honduran immigration who worked at FedEx for over 16 years.

Mr. Cayetano, who drove trucks and unloaded packages, requested a reasonable accommodation following medical leave to get shoulder surgery. FedEx denied his request, refused to engage in the interactive process to discuss an accommodation, and eliminated Mr. Cayetano’s position in violation of the Americans with Disabilities Act (ADA) and New York State and City Human Rights Laws. Additionally, Mr. Cayetano was coerced into resigning after he was told the only way to access his 401(k) retirement account, which he needed to pay his daughter’s tuition and support his family, was to formally resign, which he was compelled to do. FedEx employs over 400,000 people worldwide.

“I was devastated, confused, and angry. I was also very worried about my kids,” said Ramon Cayetano, the client in this case. “I told my daughter who was in college at the time not to worry, that I would work three jobs to keep her in school if I had to. But I lost sleep and was stressed all the time. Now, I just want justice for myself and others. There are so many hardworking employees at FedEx who don’t deserve to be treated this way.

“Mr. Cayetano dedicated his entire career to FedEx and to be thrown out like yesterday’s trash is unconscionable and illegal,” said Julia Rosner, a senior staff attorney at Legal Services NYC representing the client. “FedEx used Mr. Cayetano while he was young and then pushed him out when he became injured, denying him a reasonable accommodation and eliminating his job. Shame on them. People with disabilities deserve an equal opportunity to work which is why we have robust anti-discrimination laws to protect them. We will continue to fight this injustice on behalf of Mr. Cayetano and every employee like him so that companies like FedEx are held accountable.”

[Read more in the NY Daily News]

Under the Americans for Disabilities Act (ADA) and State and City Human Rights Laws, employees are protected against discrimination based on physical and mental disabilities, which includes the right to engage in an interactive process with the employer to find a reasonable accommodation to perform their job as long as the accommodation does not provide an undue hardship to the employer. Reasonable accommodations could include job reassignment or restructuring, part-time or modified work schedules, reassignment to a vacant position, extended leave, or providing a modification of equipment or devices.

In this case, Mr. Cayetano, a DOT Handler at FedEx for over 16 years whose duties included driving trucks and loading and unloading freight, requested a reasonable accommodation when returned from a three month approved medical leave to get surgery on his rotator cuff, which had torn after years of manual labor. With a doctor’s note clearing him to return to work with a restriction that he could not lift more than 20 pounds until he fully healed, Mr. Cayetano requested a reasonable accommodation. FedEx not only denied his request, but also failed to engage in the interactive process required by law when an accommodation is requested. FedEx informed Mr. Cayetano that his medical leave was up and that his position would likely be eliminated. Three months later when Mr. Cayetano was fully recovered and again requested to resume his job, FedEx told him that his position was not available and that no other jobs at FedEx were available.

Legal Services NYC now charges FedEx with disability discrimination for refusing to provide a reasonable accommodation, refusing to engage in the interactive process, and unlawfully eliminating Mr. Cayetano’s position. Additionally, Legal Services NYC believes FedEx’s medical leave policy, which shifts the burden of requesting extended leave as an accommodation solely on the employee, violates the ADA. Under the ADA, employers must engage in the interactive process with an employee once an employee indicates a disability, illness or injury. Here, FedEx refused to discuss a reasonable accommodation with Mr. Cayetano when he returned from medical leave and ultimately pushed him out of his job.

Mr. Cayetano seeks reinstatement of his job, back and front pay, attorneys’ fees, and emotional distress damages. The Equal Employment Opportunity Commission (EEOC) has issued a determination that there is reasonable cause to believe discrimination occurred in this case. The complaint has been filed and Legal Services now awaits a response from FedEx.
 
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