EEOC, Scooter Store settle disability accommodation dispute
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The U.S. Equal Employment Opportunity Commission has reached a $99,000 settlement with The Scooter Store Ltd., in which it was charged with failing to make a reasonable accommodation for a disabled employee.
The EEOC said James Sherman had asked for a temporary leave of absence to seek treatment for his disability, psoriatic arthritis, after he sustained a knee injury. “This reasonable accommodation would have enabled Sherman to perform the essential functions of his job,” said the lawsuit, which was filed in federal district court in Brooklyn on Aug. 31, 2011.
The New Braunfels, Texas-based company responded by refusing his request and firing him in April 2009, “purportedly for job abandonment, although he had presented medical documentation,” said the EEOC at the time the lawsuit was filed.
The EEOC said in a statement issued late last month that under terms of the settlement, in addition to paying the $99,000, the chain has agreed to comply with the requirements of the Americans with Disabilities Act and modify its leave policy. The decree also requires monitoring and training on anti-discrimination law and will last for five years.
EEOC New York trial attorney Louis Graziano said in a statement, “We commend The Scooter Store for working cooperatively with us to resolve this matter. We are confident we have put mechanisms in place to ensure compliance with the law in the future.”
Kevin Berry, the EEOC's New York district director, said, “Employees with disabilities are entitled to reasonable accommodations in a workplace. The EEOC will seek full relief against employers who refuse to provide reasonable accommodations to eligible employees.”
A company spokesman could not immediately be reached for comment.
The company, which has stores in 48 states, describes itself on its website as “America's leading supplier of power mobility solutions, including power wheelchairs, scooters, lifts, ramps and accessories.”
