Leading Retail Store to Pay $160,000 to Settle EEOC Disability Discrimination Suit

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

SAN DIEGO — A retail giant will pay $160,000 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged the company refused to provide a reasonable accommodation for a cart attendant with cerebral palsy at its Foothill Ranch store in Orange County, Calif.

According to the EEOC’s suit, the company hired Jeremy Schott in 2002 as a part-time stocker. By 2003, he was dubbed the “(Company) Hero of the Month” and transferred to a cart attendant position at his request, according to the EEOC. Schott suffers from cerebral palsy, limited intellectual functioning and a seizure disorder. His disabilities require he be reminded to do certain tasks and that a job coach assist at times with his duties and job-related meetings. However, the EEOC said Schott was able to perform the essential functions of the job with the accommodation of a job coach.

The EEOC’s suit charged while Schott succeeded early on with the assistance of a job coach and task reminders, the company later failed to ensure the presence of a job coach during work-related and job performance meetings. Following a 2004 medical leave of absence due to a seizure, Schott’s work hours were decreased dramatically, sometimes down to only eight hours per week.

The EEOC originally filed its lawsuit in August 2009 in U.S. District Court for the Central District of California, Southern Division arguing that this conduct violates the Americans with Disabilities Act (ADA). After first attempting to reach a pre-litigation settlement, the parties ultimately entered into a three-year consent decree, which also required the company designate an ADA coordinator in its corporate level human resources department and implement a company-wide policy regarding requests for reasonable accommodations. The company also agreed to train executive team leaders and team lead employees on handling requests for reasonable accommodations. The company will also submit reports to the EEOC regarding certain complaints of disability discrimination occurring within the company’s corporate district encompassing the store in question.

“People with disabilities can be productive employees when their needs are heard and met,” said Anna Park, regional attorney for the EEOC’s Los Angeles District Office. “However, employers must be mindful to treat workers with disabilities fairly and decently and ensure that reasonable accommodation requests are properly carried out.”

Marla Stern, local director for the EEOC’s San Diego Local Office, which has jurisdiction over Orange County, added, “Unfortunately, most employers are still unfamiliar with how easy it is to work with individuals with disabilities. “The first step is honest and respectful communication between managers and employees on how to best assist workers with disabilities in reaching their full potential, and the cost of reasonable accommodation is often minimal.”

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

Annual anti-discrimination training is a great way to protect your company from potential liability. To find out more, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.