Company pays largest settlement in EEOC history
March 9, 2010 by Christian SchappelPosted in: Employment law, In this week's e-newsletter - benefits, Latest News & Views, Money, Pay and benefits
A major department store chain recently paid through the nose for failing to comply with the Americans with Disabilities Act.
What happened
The Equal Employment Opportunity Commission (EEOC) went after Sears, Roebuck & Co., when the company terminated 235 former workers immediately following their return to work after being out on workers’ compensation leave.
Sears violated the ADA when it refused to provide reasonable accommodations to employees who were returning from workers’ comp leave, the EEOC said.
Result: Sears agreed to settle for $6.2 million, and each employee in the suit will receive around $26,300. That’s the largest total settlement in the history of the EEOC.
In addition, Sears improved its workers’ compensation leave process and posted notices regarding the decree, according to EEOC officials.
Do you think this settlement is fair? Let us know in the Comments Box below.
Tags: ada, americans with disabilities act, eeoc, equal employment opportunity commission, Roebuck & Co, Sears, settlement, workers comp, workers compensation
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March 11th, 2010 at 1:43 am
RICHARD SAYS: EEOC may have duped another. How is this done? Read CRST press release and comments by readers filed a suit but did not investigate. How does EEOC determine a violation of the statutes when an investigaiton of witness had not been conducted? It’s easy, EOC simply fabriciates or let’s say makes false statements on an official government or court document that an investigation conducted determined a violation of the statutes it enforces. WHAT EEOC does not disclose making false statements on a document apparent violation Title 18 sec. 1001. The criminal laws ar ehte purview of the United States Attorney or Attorney General to authorize investigation and prosecute, not state or federal court. 28 USC 535 EEOC refuses to comply with the regulation. MORE INFO REPLY WITH COMMENT.
March 11th, 2010 at 1:18 pm
IF Sears did what you say without a valid reason why it could not accommodate their disability, then the suit is fair. Actually, $26k is not enough for the workers who were unjustly terminated. I assume the Sears supervisors (or VP of Personnel – if a stupid corporate policy) were fired after Sears lost the suit. What an absolutely stupid move for a company that has been in business for over 100 years. Oh, wait, I forgot, Sears is now owned by K-mart.
Anyone out there in cyber-land have any first-hand knowledge of the case?
March 11th, 2010 at 9:40 pm
TO: numbersguy,
You look at list of comments made in CRST matter suggests EEOC can fabriciate evidence. Sure Sears may file a suit in state or federal court like the truck company to challenge EEOC investigation to determine violation of the statutes it enforces. EEOC in its investigation made up or did not investigate witnesses provided is an apparent violation of the criminal statutes. Criminal law is the purview of the United States Attorney. EEOC does not disclose state or federal court IS NOT the purview to prosecute criminal laws Title 18. More info reply by comment.
March 12th, 2010 at 12:02 pm
what accommodations were the employees seeking that Sears couldn’t provide?
March 13th, 2010 at 9:00 pm
DG A reply from Richard:
EEOC is suspect to do anything to roughshod civil rights. Comments on CRST page are numerous examples. EEOC Enforcement Supervisor destroyed evidence and signed Complaint form. EEOC is only answerable to the United States Attorney which appears to be politically sympathetic AND BENT ON ERODING OUR CIVIL RIGHTS that all WILL NOT BE TREATED EQUALLY UNDER THE LAW. RICHARD. more info reply to comment