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In EEOC v Fed Ex , the EEOC sued Fed Ex on behalf of a deaf employee who was denied reasonable accommodation under the Americans
In EEOC v Fed Ex the EEOC sued Fed Ex on behalf of a deaf employee who was denied reasonable accommodation under the Americans with Disabilities Act ADA over a two year period. The court found for EEOC, and entered judgment for compensatory and punitive damages. Fed Ex appealed, in part based on the award of punitive damages, contending, among other things, that Fed Ex had made a goodfaith effort to comply with the law. In particular, Fed Ex offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled:
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the establishment of an ADA compliance policy was not sufficient by itself to establish a good faith effort to comply, in the absence of any affirmative steps to ensure the implementation of its policy
the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA
a good faith effort was not required
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