Fired after heart surgery? Trucking company settles over harsh medical leave policy
A Colorado trucking company has settled a long battle with the Equal Employment Opportunity Commission (EEOC). The motor carrier faced accusations of widespread disability discrimination due to its strict medical leave policy.
Western Distributing and the EEOC have agreed to a consent decree, ending a case filed in 2016. The EEOC claimed the company did not accommodate employees, including over-the-road truck drivers, returning from medical leave.
The allegations focused on Western Distributing’s “maximum leave” policy. This policy automatically terminated employees who did not return within 12 weeks. Requests for accommodation and extensions were denied.
Along with the 12-week limit, the company enforced a “full duty” return-to-work policy. Employees had to be fully cleared without restrictions to return. If they couldn’t meet this condition within 12 weeks, they were fired, with no consideration for accommodations or extensions.
In one case, a truck driver took leave for open heart surgery. Two months later, his doctor cleared him to return without restrictions. However, Western Distributing required clearance from a company-approved doctor.
That doctor determined the truck driver could not return to work until at least June 26 of that year. He was fired on June 17, the day his medical leave expired. Although he was free to work nine days later, Western Distributing told the driver he would have to be rehired as a new employee.
The EEOC filed nine charges against the company for violating the Americans with Disabilities Act and other federal laws. When no agreement was reached outside of court, the EEOC sued.
The lawsuit claimed Western Distributing fired or refused to rehire employees with disabilities due to its strict medical leave and return-to-work policies.
About 58 employees were not accommodated, and the company retaliated against those who asked for help.
After a two-week trial in January 2023, a jury cleared Western Distributing on two of three claims: failure to accommodate and employment opportunities. However, the company was still responsible for the negative impacts of its medical leave policy.
Western Distributing tried to fight the final charge in post-trial litigation. By August 2023, Judge William Martinez started to grow impatient.
“The court is deeply disappointed that the parties were unable to successfully mediate what remains of this litigation and thereby bring this seven-year action to a final resolution,” Martinez said in a court order. “To the court’s considerable chagrin, it appears that this intractable dispute, which has already immensely burdened the court’s scarce judicial resources, will continue its march into the annals of District of Colorado protracted litigation history.”
Nearly two years later, Western Distributing and the EEOC reached a deal. Part of the deal requires the company to pay $919,000 to the 58 employees affected by the medical leave policy. If the company does not pay up within 90 days, a $6,000/week late fee will be charged.
Western Distributing must also offer jobs to any of the former employees who apply for a vacant position and are qualified. Additionally, the company is required to overhaul its medical leave policies, including getting rid of the “100% healed” return-to-work provision. Reasonable extensions and accommodations must also be provided.
The agreement is good for four years and is not an admission of guilt. Western Distribution “specifically denies any liability for any claims.” LL