Thread regarding Wells Fargo & Co. layoffs

Once again, blanket anti-WFH, mandatory RTO isnt going to fly EEOC EEOC Disability Discrimination Lawsuit

Scharf's mandatory RTO against the disabled has created a MASSIVE unforced liability for the company.

EEOC is prosecuting companies that issue these blanket mandates.

https://www.eeoc.gov/newsroom/fedex-pay-280000-eeoc-disability-discrimination-lawsuit

In the lawsuit, the EEOC charged that in February 2023, FedEx failed to accommodate several dispatchers’ requests to continue working from home and demanded the dispatchers’ return to its downtown Manhattan office, effectively forcing at least one into retirement. The employee, and other disabled dispatchers, previously performed dispatcher duties remotely and successfully for nearly three years. According to the suit, FedEx denied continued telework based on an alleged operational need to have all its dispatchers work in the office and failed to engage with its disabled dispatchers to find alternative accommodations.

“This case serves as a reminder that employers should not take a blanket approach to telework accommodations and should take care to engage in individualized assessments,” said Kimberly A. Cruz, regional attorney for the EEOC’s New York District Office. “Changing the location where work is performed may fall under the ADA’s reasonable accommodation requirements, even if the employer does not allow other employees to telework.”

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits an employer from failing to reasonably accommodate an employee’s qualifying disability, absent undue hardship. The EEOC filed suit in U.S. District Court for the Southern District of New York (EEOC v. Federal Express Corporation d/b/a FedEx Express, Civil Action No. 1:25-cv-00454) after first attempting to reach a pre-litigation settlement through its conciliation process.

Arlean Nieto, acting director of the EEOC’s New York District Office, said, “The EEOC is committed to enforcing the ADA and holding employers accountable for denying reasonable accommodations to employees with disabilities.”


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| 12 views | | 11 replies (last May 12) | Reply
Post ID: @OP+1kr5e3be1

11 replies (most recent on top)

The culture has become too toxic. Nobody cares anymore. If you can't be in the office, they don't care if you're the best candidate for the job or not, they don't want you.

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Post ID: @qp+1kr5e3be1

I was told specifically 'I shouldn't use my workplace accommodation dr notes to avoid coming into the office'.

'That even if you had and we approved medical note(s) in the past, we at any time can deny a note. And you'd have to come into the office despite a chronic life long condition.
Plus nobody likes going to the doctor to get notes, and we would get tired of approving it' -former accommodation team.

I had to make a decision if I was staying or going.
I was there for a long time so I had a hefty severance.
But manager and recuiter advised thru a series of conversations if it was them they wouldn't chance it.

Somedays I cry and feel bad because I left a good job and great people over something like that.
I'm never gonna get it back either.
Was a like a dream.

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Post ID: @p1+1kr5e3be1

That case isn't really about "blanket RTO" - it's about failure to follow required process for ADA accommodations, or engage in the required interactive process.

WF follows an ADA accommodation process. FedEx didn't. The prosecutor even says that.

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Post ID: @gv+1kr5e3be1

@cw Judging by the way he posts and spams upvotes on his own comments, that day is already here

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Post ID: @d7+1kr5e3be1

@bf
let us wait for the day that you and your loved ones disabled.
that day is coming...

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Post ID: @cw+1kr5e3be1

@bf seems people don't like the truth.

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Post ID: @cd+1kr5e3be1

@bf+1kr5e3be1 such an elitist perspective. Blaming the powerless for the decisions of the powerful is such a sad way to view the world. I hope you realize someday that the constant bootlicking won't save you from that layoff list.

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Post ID: @c2+1kr5e3be1

@bf+1kr5e3be1

The crooks and liars are the executives, and almost every time they do something stupid or illegal, they did so while in office. From fake accounts on down. But sure, let's keep blaming the disabled individual contributor. He's the real problem. 😐

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Post ID: @bv+1kr5e3be1

Blanket mandated RTO is flying just fine 99.9% of the time. Of course there will always be one offs but if you think you and your Dr buddy are going to conspire to make up some BS reason you cant leave your home to work (while magically having no issue leaving home for any other reason) then good luck with that strategy. It may have worked in past years before companies realized how many crooks and liars they had working for them but those days are long past. Those with legitimate disabilities who actually need accommodations can thank their trashy co workers who couldn't help gaming the system for the new reality.

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Post ID: @bf+1kr5e3be1

I just got a full remote role. Enjoy your commute to the office.

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Post ID: @bd+1kr5e3be1

The actual complaint

https://www.courtlistener.com/docket/69550972/1/us-equal-employment-opportunity-commission-v-federal-express-corporation/

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Post ID: @a1+1kr5e3be1

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