The U.S. Postal Service will pay $4.5 million to settle claims that it failed to accommodate employees with hearing impairments. The court-approved agreement ends the decade-long class action dispute.
The class action (Hubbard v. Donahoe, No. 03-1062 (RJL) (D.D.C. July 31, 2013)) stemmed from two related actions brought before the U.S. Equal Employment Opportunity Commission. In 1998, Bruce Hubbard requested mediation from EEOC, alleging that USPS denied him workplace accommodations, in violation of the Rehabilitation Act of 1973. They reached an agreement that was supposed to provide him accommodations but he filed another complaint in 2001, alleging that he had not received a sign language interpreter. By 2003, he had changed his complaint to a class action on behalf of 6,000 similarly situated employees.
After several years of litigation and settlement discussions, the U.S. District Court for the District of Columbia approved the $4.5 million settlement. After attorney’s fees and expenses, the class members will receive about $3.5 million. The agreement also requires the post office to acquire new technology and make interpreting services available for important workplace communications including hiring, promotion, discipline and safety discussions. It also must train supervisors on the law’s requirements.
The Rehabilitation Act is the Americans With Disabilities Act’s public counterpart; it prohibits discrimination against individuals with disabilities by entities that receive federal funds. Like ADA, it requires that employers provide reasonable accommodations to workers with disabilities. Accommodations for employees with hearing impairments can include sign language interpreters, telecommunications relay systems, amplification equipment and other technology, among other things.
Visit hr.complianceexpert.com for more information on accommodations.