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Bates v. UPS

On June 29, 2009, the trial court granted preliminary approval of the settlement. This means that UPS will implement the Hearing Protocol within 30 days, on or before July 29, 2009. A mailed notice, announcing the availability of the Hearing Protocol, will be sent to the last known address of all class members on or before July 29, 2009. The availability of the Hearing Protocol will also be clearly posted on UPS’s employment websites during the implementation period.

The court’s entry of the preliminary approval order on June 29, 2009, also means that the statutory time period during which a class member may bring a claim seeking solely monetary relief, including backpay and/or frontpay, if not already time-barred, has now begun to run. As a result, each class member has a limited amount of time to file an individual charge seeking monetary relief based on the denial of a driving job opportunity due to UPS’s use of the DOT hearing standard. Class members interested in pursuing an individual claim for monetary relief should consult an attorney or their local EEOC or state equivalent office for information about how to file an individual charge for monetary relief and to determine the appropriate deadline for filing. When doing so, class members should make clear that any claim they may have based on UPS’s use of the DOT hearing standard has been “tolled” between June 25, 1997 and June 29, 2009. This means that class member claims for monetary relief are generally timely if they arose during the last 12 years.