Posted On: October 6, 2009 by Greenberg & Rudman

SEARS AGREES TO PAY $6.2 MILLION TO SETTLE CASE FOR ILLEGALLY FIRING DISABLED WORKERS. IF YOU HAVE BEEN DISCRIMINATED AGAINST BECAUSE OF YOUR DISABILITY AT YOUR NORCAL JOB, CALL DISCRIMINATION ATTORNEYS FOR HELP.

Just this week Sears agreed to settle a lawsuit brought by the Equal Employment and Opportunity Commission. The lawsuit alleged that Sears violated the Americans with Disabilities Act (ADA) by illegally firing disabled workers. The EEOC claimed that Sears continued to maintain an inflexible leave policy and fired over 100 employees rather than accommodate their disabilities. The $6.2 million settlement is the largest settlement in the EEOC’s history of ADA violations.

If you are a disabled individual, you are also likely protected from disability discrimination under the ADA. The Americans with Disabilities Act applies to private employers, state governments, local governments, employment agencies, and labor unions with 15 or more employees. Under the ADA, an individual is considered to be “disabled” if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of having such an impairment, or is regarded as having such an impairment.

The ADA prohibits employers from discriminating against qualified individuals with disabilities in relation to application procedures, hiring, firing, advancement, salary, training, etc. A “qualified individual” with a disability is a person who is able to perform the essential tasks of the job in question with or without reasonable accommodation. Reasonable accommodations may include making facilities accessible to persons with disabilities, modifying work schedules, restricting jobs, acquiring modifying devices or equipment, etc. An employer is only excluded from his duty to accommodate if it would impose an undue hardship on the company.

Sears.jpg If you are a qualified individual and were denied a job because of your disability, were fired because of your disability, or otherwise discriminated against because of your disability, you may be able to sue your employer. Find out what your legal recourses may be by calling the team of skilled attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you.