Spencer Gifts, a well-known novelty retail chain operating across the United States and Canada, has agreed to pay $90,000 to resolve a disability discrimination lawsuit. This settlement, announced by the U.S. Equal Employment Opportunity Commission (EEOC), stems from allegations that Spencer Gifts violated the Americans with Disabilities Act (ADA).
The EEOC’s lawsuit detailed an instance where a store manager at a Spencer Gifts location in Hickory, North Carolina, faced discrimination after being diagnosed with Marfan Syndrome, a genetic disorder affecting connective tissue. The employee, who had been with Spencer Gifts since 2009, informed the company in December 2016 about her need for knee surgery and subsequent recovery time. Following this, she requested reasonable accommodations to facilitate her return to work between December 7, 2016, and January 8, 2017. These requests included the use of assistive devices like a cane, crutches, or a walker, and the possibility of modified work duties. However, Spencer Gifts reportedly denied all accommodation requests and terminated her employment on January 14, 2017, coinciding with the exhaustion of her short-term disability benefits.
According to the EEOC, this refusal to provide reasonable accommodations violates the ADA, which mandates employers to accommodate qualified individuals with disabilities unless it poses an undue hardship. The EEOC pursued legal action after failing to reach a pre-litigation settlement, filing the lawsuit in the U.S. District Court for the Western District of North Carolina, case number EEOC v. Spencer Gifts, LLC, Case No. 5:18-CV-00155.
The resolution, a two-year consent decree, involves not only the monetary compensation for the affected employee but also mandates Spencer Gifts to take proactive steps to prevent future discrimination. Spencer Gifts is required to conduct annual training for HR personnel and managers focusing on ADA compliance, specifically regarding disability discrimination and accommodation requests. Furthermore, the decree necessitates the adoption of an ADA-specific policy, the posting of anti-discrimination notices in their North Carolina stores, and the establishment of a system to track and report accommodation requests to the EEOC.
Kara G. Haden, acting regional attorney for the EEOC’s Charlotte District, highlighted the significance of the settlement, stating, “This year marks the 30th anniversary of the ADA and this settlement serves as a reminder of its purpose.” She urged all employers to proactively review their disability accommodation policies and practices to ensure ADA compliance.
The EEOC’s mission is to eradicate employment discrimination, promoting equal opportunities in workplaces across the nation. More information about their work is available on their website, www.eeoc.gov. The EEOC also encourages interested parties to stay informed about their latest news through email updates.
