A South Dakota mail delivery contractor will pay $45,000 to settle a federal lawsuit after allegedly firing an employee because of his physical disability, according to the U.S. Equal Employment Opportunity Commission.
Mail Hauler Trucking, LLC, which delivers mail for the U.S. Postal Service in North and South Dakota, was accused of terminating a driver despite his ability to perform essential job functions, the EEOC said Wednesday.
The employee, who has a physical impairment causing weakness, muscle spasms and stiffness in his legs, worked delivering mail between post offices on a route from Watertown to Corona in northeastern South Dakota. According to the EEOC, he had never been disciplined for performance issues during his employment.
The three-year consent decree resolving the lawsuit requires Mail Hauler Trucking to implement policies prohibiting disability discrimination and preventing terminations based on disabilities. The company must also provide training on the Americans with Disabilities Act to all employees, including managers and supervisors at its North and South Dakota locations.
Under the agreement, Mail Hauler Trucking will report any complaints of disability-based termination or discrimination to the EEOC during the consent decree period.
The ADA prohibits employers from discriminating against qualified individuals on the basis of disability. The EEOC filed the lawsuit after attempts to reach a pre-litigation settlement through its administrative conciliation process failed.
The case was filed in the U.S. District Court for the District of South Dakota.
