EEOC sues employer for ‘100% healed’ policy

Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a “complete release” from the employee’s physician before greenlighting a return to work. A lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against FedEx demonstrates the danger in following such an across-the-board practice.

Drivers with physical restrictions

As a ramp transport driver for FedEx, Wendy Gulley drove a tractor-trailer and operated mechanical equipment while unloading pallets and containers at a facility in Minneapolis. As a result of injuries to her back, hip, and Achilles’ tendon, she had lifting restrictions.

According to the EEOC, FedEx routinely followed the policy below for ramp transport drivers with medical restrictions: