FOR IMMEDIATE RELEASE December 20, 2024 Lubin Logistics to Pay $20,000 and Provide Remedial Measures in EEOC ATLANTA – Lubin Logistics Company, which operates as a small package delivery contractor for the international shipping brand FedEx, will pay $20,000 and take remedial measures to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the federal agency announced today. The EEOC’s lawsuit charged Lubin Logistics with firing a delivery driver because of his lupus, an autoimmune disease that can cause pain and inflammation throughout the body. Approximately two weeks after being hired, the employee experienced a flare-up after being assigned to a delivery truck without a working door, working heating system, or functional passenger seat. The employee requested and received permission to return to the delivery terminal prior to the end of his shift because of his disability. Several days later, a company supervisor told the employee that he could no longer work for Lubin Logistics because of his medical condition and fired him, the EEOC said. This alleged conduct violated the Americans with Disabilities Act (ADA), which prohibits disability discrimination and retaliation against an employee for requesting or receiving a reasonable accommodation for their disability. The EEOC filed suit (EEOC v. Lubin Logistics Company, Case No. 1:24-cv-01911-JPB-LTW) in U.S. District Court for the Northern District of Georgia after first attempting to reach a pre-litigation settlement through its administrative conciliation process. The court-approved consent decree settling the suit requires the company to provide monetary relief to the victim, revise its ADA policies, post a notice in the workplace informing employees of the settlement, and train all employees with supervisory responsibilities on their responsibilities under the ADA. The revised ADA policies imposed by the decree includes a requirement to provide employees with advance written notice of any action it intends to take against them based on medical conditions and allows any affected employee to respond to the company and, if necessary, seek a reasonable accommodation that would help them perform their job. Moreover, the company agreed to provide the EEOC with periodic reports regarding any future complaints of disability discrimination including a description of each employee’s allegations and the company’s response. “Employers are obligated to evaluate an employee’s performance without regard to their medical conditions, and without unfounded assumptions about limitations caused by a condition,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “The EEOC is pleased that Lubin Logistics will take substantial steps toward meeting its obligation.” Darrell E. Graham, district director of the Atlanta office, said, “Employees have a right to perform their duties to the best of their ability and without fear of retaliation for seeking to do so. The EEOC is committed to enforcing those rights.” For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination. For more information on retaliation, please visit https://www.eeoc.gov/retaliation. The EEOC’s Atlanta District Office has jurisdiction over Georgia and the counties of Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg in South Carolina. The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates. ### Contact Atlanta District Office
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