A recent court filing has brought to light serious allegations of disability discrimination against a major multinational corporation. Howard Young, through his attorneys at Weisberg Cummings, P.C., filed a complaint in the United States District Court for the Middle District of Pennsylvania on June 21, 2024, accusing United Parcel Service, Inc. (UPS) of wrongful termination based on perceived disabilities.
Howard Young's complaint details his career as a Commercial Motor Vehicle (CMV) driver and the events leading up to his termination from UPS. Young had been recruited by UPS for years before he finally joined the company on February 20, 2023. He underwent all necessary medical evaluations and tests required for CMV drivers, including a routine medical evaluation by the U.S. Department of Transportation and a drug screening. Despite being cleared to drive without restrictions and passing an on-the-road driving test, Young faced unexpected scrutiny during a pre-trip inspection training session on March 6, 2023.
During this session, conducted by a UPS driver/trainer named Sandy (last name unknown), comments were made about the appearance of Young’s bicep, which had been weakened due to a motorcycle accident that resulted in a broken neck. Despite Young’s assurances that his injury did not affect his job performance, Sandy reported her concerns to Young’s manager, Paul. Within hours of this report, Young was terminated from his position at UPS.
Young alleges that this termination was based solely on Sandy's perception of his disability—a clear violation of both the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA). The complaint states: "Mr. Young is within the protective class of individuals as designated by the ADA" and further argues that "Mr. Young was qualified for and able to perform the essential functions of his job with or without reasonable accommodation."
The lawsuit seeks multiple forms of relief from UPS. These include permanent injunctions against further discrimination based on disabilities, compensation for lost pay and benefits, actual damages for pain and suffering caused by UPS's actions, punitive damages under the ADA, and coverage for legal fees incurred during this action. Additionally, Young requests that any verdict be molded to maximize financial recovery in light of statutory caps on certain damages.
Representing Howard Young are attorneys Derrek W. Cummings, Larry A. Weisberg, Steve T. Mahan Jr., and Michael J. Bradley from Weisberg Cummings P.C., located in Harrisburg, PA. The case has been assigned Civil Action No: 1:24-cv-01023-DFB.