EEOC: Discrimination Suit Against Sears Will Proceed
By Dave Reynolds, Inclusion Daily Express
August 4, 2005
CHICAGO, ILLINOIS--The U.S. Equal Employment Opportunity Commission announced Tuesday that a federal court is allowing it to proceed with a class-action disability discrimination lawsuit against Sears, Roebuck & Co.
The EEOC claims that Sears failed to provide reasonable accommodations to workers under Title I of the 1990 Americans with Disabilities Act, and that the retail giant has an inflexible policy which limits employees' medical-disability leave and worker's compensation to just one year.
According an EEOC press statement, the case involves John Bava, a former Sears service technician that the company fired after he was injured in a fall on the job in April 2001.
U.S. District Court Judge Wayne R. Anderson denied Sears' motion to dismiss the suit.
John Hendrickson, EEOC Regional Attorney in Chicago, said: "Sears is an enormous operation and whether or not it complies with the ADA makes a huge difference to thousands of workers. In EEOC's view, sending individuals with disabilities home when they could be working and then firing them when they've been at home 'too long' cannot be squared with what the ADA requires of employers."
Related press statement:
"Federal Court says EEOC disability bias lawsuit against Sears, Roebuck to proceed" (EEOC)