The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA). The agency charged UPS with failing to properly accommodate employees with disabilities. Most importantly, the EEOC alleged that UPS had a maximum leave policy that automatically terminated employees when they reached 12 months of leave, without engaging in the interactive process required by law. UPS settled the claim for $2 million, and agreed to make several changes to its policies.
What this means for Wisconsin employers: Maximum leave policies are unlawful under both Wisconsin’s Fair Employment Practices Act and the ADA. This includes any limitation on leave after an employee exhausts leave under FMLA or a short-term disability plan. Review your handbooks and internal policies as soon as possible to make sure you are not in violation of the law.
