Retail Giant Sued for Disability Discrimination

Source: U.S. Equal Employment Opportunity Commission (EEOC)

LOS ANGELES – The U.S. Equal Employment Opportunity Commission (EEOC) today filed a discrimination lawsuit against a national retailer store for unlawfully denying a reasonable accommodation to an employee with multiple disability-based impairments and substantially reducing his work hours due to the medical conditions. The disabled worker could not effectively communicate with others without the assistance of a job coach because of his cerebral palsy and limited intellectual functioning.

The EEOC charged in its lawsuit the company subjected this employee at its Foothill Ranch store in Southern Orange County to discriminatory practices on the basis of disability when it failed to notify his job coach and parents of any in-person meetings involving work issues and job performance, as requested. The disabled employee was compelled to attend these in-person meetings alone without the assistance of a job coach or parent, even though repeated requests had been made by both the job coaches and parents to be in attendance at the meetings. The company had hired this employee with full knowledge of his disabilities and need for a reasonable accommodation, according to the EEOC.

Such alleged conduct violates Title I of the Americans With Disabilities Act of 1990 (ADA) and Title I of the Civil Rights Act of 1991. The EEOC filed suit in U.S. District Court for the Central District of California after first attempting to reach voluntary settlement out of court.

“What is particularly disturbing here is that (the company) already knew this employee was disabled and needed assistance with communicating during in-person meetings,” said EEOC Regional Attorney Anna Y. Park of the agency’s Los Angeles District Office. “(The company’s) failure to provide a reasonable accommodation denied him equal benefits and privileges of employment. Despite his disabilities, the employee in this case was qualified and motivated to work, but (the company) denied him an equal opportunity to succeed in the workplace.”

The Minneapolis-based company operates more than 1,700 stores in 49 states nationwide, including more than 240 super stores, according to company information.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

For information on the ADA, or how to recruit and retain employees with disabilities, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.