News Alert: Fighting Misclassification and Disability Discrimination: How Halunen Law Supports Workers Like FedEx Drivers

September 16th, 2024

At Halunen Law, we are proud to stand up for the rights of workers who face unfair treatment, whether it involves disability discrimination or misclassification as independent contractors. A recent lawsuit involving FedEx, filed by the U.S. Equal Employment Opportunity Commission (EEOC), highlights two key issues we see often: disability discrimination and misclassification. This case serves as a reminder of the importance of understanding your rights as an employee.

Disability Discrimination and Reasonable Accommodation

The EEOC’s case against FedEx alleges that the company violated the Americans with Disabilities Act (ADA) by enforcing a “100% healed” policy for its Ramp Transport Drivers (RTDs). This policy prohibited drivers with any medical restrictions from returning to work, denying them reasonable accommodations that would have allowed them to continue working. As a result, affected drivers were placed on unpaid medical leave or terminated from their positions.

At Halunen Law, we recognize how devastating these policies can be for employees who are already dealing with a disability. Under the ADA, employers are required to engage in an interactive process to determine reasonable accommodations for disabled employees. Failure todo so, as FedEx allegedly did, is a clear violation of the law. Our firm has successfully represented employees facing similar discrimination, ensuring that they receive the accommodations they are entitled to under the law, and holding employers accountable for violations.

The Ongoing Misclassification of Delivery Drivers

The disability case cited above involves drivers who are actually FedEx employees. However, companies like FedEx often hire drivers as independent contractors (ICs) rather than employees. Disability laws, including laws providing for reasonable accommodation, protect employee drivers but not ICs. However, when you compare the work performed by employee drivers vs. IC drivers, it is often identical. There has been significant litigation over the years against companies like FedEx for misclassification of drivers as ICs. The cases have sought to obtain benefits such as health insurance, retirement benefits, and protections under labor laws, as well as overtime pay, pay for all hours worked, and reimbursement for expenses. Halunen Law was involved in one of the first nationwide class actions against FedEx Ground for misclassified drivers as independent contractors. The company required its ICs to pay their own expenses and denied them the same benefits received by FedEx Corp. employee drivers. As a result of these cases, FedEx was required to change its business model with respect to the direction and control it exerted over non-employee drivers. The cases settled after years of litigation for almost $500 million.

Given our extensive experience in representing delivery drivers throughout the United States and other gig economy workers who have been wrongfully classified as independent contractors, if you are an independent contractor driver in the transportation, delivery, courier, or gig economy industry, YOU MAY HAVE CLAIMS. You may be misclassified. If so, YOU MAY BE ENTITLED to overtime pay, pay for all hours worked, reimbursement for expenses as well as retirement and health benefits.

Your Rights Matter

Whether you are facing disability discrimination, misclassification, or both, Halunen Law is committed to fighting for your rights. Our team of experienced employment attorneys has the knowledge and dedication to hold employers accountable for unlawful practices, just as we have done for countless clients across the country. If you are a worker facing these challenges, contact us today to connect with one of our Intake Specialists about your situation. Our experienced employment and whistleblower attorneys offer a free, confidential consultation to all potential clients. If we take your case, there is no cost unless we win.

Let us help you get the justice and compensation you deserve.

Other resources that may be helpful:

Information on:
Employee Misclassification
Wage and Hour Violations
Workplace Discrimination