Hobby store settles disability bias suit for $35,000
A consent decree resolving an Equal Employment Opportunity Commission (EEOC) lawsuit under the Americans with Disabilities Act (ADA) against a national chain of gift and hobby stores, has been approved by Chief Judge Michael J. Davis.In the lawsuit, the EEOC contended that the store refused to allow an employee with mobility limitations to perform her job while in a wheelchair.
The EEOC charged that the store prohibited an employee in its Rochester, Minnesota-based store to use her wheelchair when performing her job and failed to accommodate her inability to climb ladders. Because she could not come back to work without the use of the wheelchair, she was unable to continue to work at the store due to the alleged discrimination, and was discharged.
The store will pay $35,000 into a supplemental needs trust account established for her in resolution of the suit. Substantial equitable relief is also part of the decree, including injunctions against discrimination and retaliation. In addition, the company will revise its internal policies to clarify that persons with temporary impairments of a sufficient duration can be considered as persons with disabilities; update its employee handbooks; conduct training on the ADA; and post a notice to employees about the resolution of the suit in its Rochester store. The EEOC will monitor the company's compliance with the decree for 30 months.
J. J. Keller’s ADA Compliance Manual explains ADA accessibility guidelines related to hiring, training, and compensation, and gives valuable advice for determining whether an employee is disabled, accommodating disabled employees, training supervisors to ensure hiring and promotion practices are compliant, and reducing your risk of disability lawsuits and claims.
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