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Sears Roebuck Sued for Disability Bias

Sears, Roebuck & Co. (Sears) violated the Americans with Disabilities Act (ADA) when it failed to consider a job applicant because he is deaf, the U.S. Equal Employment Opportunity Commission (EEOC) charges in a lawsuit filed late yesterday.



In its suit (EEOC v. Sears, Roebuck & Co., 06 C.A. 11317 (DPW)), filed in the U.S. District Court for the District of Massachusetts, the EEOC asserts that the Illinois based retail giant denied Christopher Doherty the opportunity to apply for any available position in its Hyannis, Mass. store because of his disability, deafness.



The EEOC filed suit under the ADA after exhausting its conciliation efforts to reach a voluntary settlement. The complaint seeks monetary and injunctive relief, including back wages, compensatory damages, changes in employment policy to eliminate future disability based discrimination, and punitive damages.



Employers should refrain from making assumptions about individuals with disabilities based on myths, fears and stereotypes, said EEOC Boston Trial Attorney R. Liliana Palacios Baldwin. Every individual deserves the freedom to compete in the workplace on a fair and level playing field. Unfortunately, highly qualified applicants with disabilities 's8211; a vast pool of untapped talent 's8211; are turned down every day for discriminatory reasons.



Last week, coinciding with the16th anniversary of the landmark ADA, the EEOC issued a new publication entitled, Questions and Answers about Deafness and Hearing Impairments in the workplace and the ADA (available on the EEOC's8217;s web site at www.eeoc.gov). The document notes that between 2000 and 2004, estimates of the number of people nationwide with self described hearing difficulty ranged from 28.6 million to 31.5 million. The fact sheet also provides helpful advice to employers on their rights and responsibilities with hearing impaired employees and applicants.



Spencer H. Lewis, Jr., director of the EEOC's8217;s New York District Office, added, The ADA requires an interactive process in the context of a requested or obvious need for an accommodation for individuals with disabilities. Employers should be mindful of the ADA and remember that disability does not mean inability.



According to its web site (www.sears.com), Sears, Roebuck and Co., a wholly owned subsidiary of Sears Holdings Corporation, is a leading broadline retailer providing merchandise and related services. Sears, Roebuck offers its wide range of home merchandise, apparel and automotive products and services through more than 2,400 Sears branded and affiliated stores in the United States and Canada, which includes approximately 926 full line and 1,100 specialty stores in the U.S. Sears's8230; The company is the nation'ss largest provider of home services, with more than 13 million service calls made annually.

   
   
   


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

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