More than $6 million will be paid out to 235 former Sears, Roebuck & Co. employees who allegedly were fired at the end of their workers' compensation leave period without being provided reasonable accommodations for their disabilities, according to an EEOC press release.
Workers are entitled to an augmented version of their old job, called a "reasonable accommodation" (i.e. special equipment or a different work schedule) upon return from a work-related injury if they are deemed disabled by the injury, according to the EEOC. The requirement is governed by the Americans with Disabilities Act (ADA), which the EEOC enforces.
Sears agreed to the $6.2 million settlement because continued litigation may have required another five years and "considerable expense" to resolve, according to Sears spokeswoman Kimberly Freely, who was quoted by Bloomberg News. A settlement is not an assumption of liability, although EEOC acting chairman Stuart J. Ishimaru maintains the government's position in the case:
"The facts of this case showed that, nearly 20 years after the enactment of the ADA, the rights of individuals with disabilities are still in jeopardy."
Ms. Freely, however, offered the following statement on behalf of Sears:
"Sears continues to believe that it reasonably accommodates its associates on leave due to work-related illnesses or injuries under the Americans With Disabilities Act."
A discrimination suit filed by a former Sears technician prompted an investigation and eventual legal action by the EEOC. As with the allegations from the other 234 former employees, the technician claimed he was fired upon returning from his disability leave with no attempt to accommodate him.
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