Law Professor Michael Schwartz recaps Deaf UPS discrimination lawsuit
Hello! Quinton Murphy, an ASL signer working for United Parcel Service, sued the company in federal court, saying UPS did not provide him with sign language interpreters and denied him a full-time driving position. In response, UPS said the company’s collective bargaining agreement with the union require employees to raise ADA discrimination claims through the union grievance process before going to court.
The federal court disagreed with UPS. The court found that the language of the collective bargaining agreement between UPS and the union did not prohibit Murphy from pursuing his rights under the ADA even though he did not go through a union grievance process.
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The court also found that UPS failed to provide interpreters for meetings discussing promotions, job changes, discipline, safety, and scheduling. The judge said Murphy “has missed information about schedule changes in the days of the week he was supposed to work and how to participate in incentive programs.”
The court encouraged both sides to mediate.
See what happens.
https://news.bloomberglaw.com/daily-labor-report/deaf-ups-employees-discrimination-claims-survive-challenge