Press Release 3-19-13
U.S Equal Employment Opportunity Commission (EEOC)
The EEOC charged that Shakirra Thomas, who is deaf, applied for a team member position at the retailer's Columbia, Md., store in October 2011. Thomas communicates by using American Sign Language, reading lips and through written word. When the company contacted Thomas to attend a group interview, Thomas' mother advised that Thomas was deaf and requested the company to provide an interpreter for the interview. The retailer refused and said that if Thomas wished to attend a group interview in November 2011, then she would have to provide her own interpreter, the EEOC alleges.
Thomas's mother interpreted for her during a group interview, but the company refused to hire Thomas despite her qualifications for and ability to perform the team member position, with or without a reasonable accommodation, the EEOC said in its lawsuit.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires that employers provide reasonable accommodations to employees and applicants with disabilities unless it would cause an undue hardship. The ADA also prohibits employers from refusing to hire someone because of a disability. The EEOC filed suit in U.S. District Court for the District of Maryland, Baltimore Division, Civil Action No. 1:13-cv-00756-CCB, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.
"Federal law requires employers to provide a reasonable accommodation during the interview process, including providing an American Sign Language interpreter, unless the employer can show it would be a significant difficulty or expense to do so, said EEOC District Director Spencer H. Lewis, Jr., of the EEOC's Philadelphia District Office. "Given the size and resources of Toys "R" Us, it is difficult to understand how it would have been an undue hardship for such a large retailer to provide an interpreter when asked to so."
EEOC Regional Attorney Debra M. Lawrence added, "It's not only bad business to forgo hiring a qualified employee simply because of fears, biases or stereotypes against people with disabilities, it's also a violation of the law."
According to its website, http://www.toysrusinc.com, Toys "R" Us, Inc. employs approximately 70,000 employees worldwide.
The Philadelphia District Office of the EEOC oversees Pennsylvania, Maryland, Delaware, West Virginia and parts of New Jersey and Ohio.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available at its website, www.eeoc.gov .
http://www.eeoc.gov/eeoc/newsroom/release/3-19-13.cfm
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EEOC claims Toys 'R' Us discriminated against deaf job applicant
article By Alison Knezevich, The Baltimore Sun, March 19, 2013
Agency files lawsuit against retailer in federal court
The U.S. Equal Employment Opportunity Commission sued Toys "R" Us, alleging the company broke the law when staff at its Columbia store refused to provide a sign-language interpreter for a job applicant who is deaf.
The lawsuit, filed last week in U.S. District Court in Baltimore, says the retailer discriminated against the woman, Shakirra Thomas, after she applied for a position at the store in 2011. It alleges the company violated the federal Americans with Disabilities Act, which requires employers to provide "reasonable accommodations" for job applicants and workers with disabilities.
In a statement, EEOC District Director Spencer H. Lewis said employers must reasonably accommodate disabled applicants during interviews, unless doing so would be "a significant difficulty or expense."
"Given the size and resources of Toys 'R' Us, it is difficult to understand how it would have been an undue hardship for such a large retailer to provide an interpreter when asked to do so," he said.
A Toys "R" Us spokeswoman declined to comment, citing the pending litigation.
According to the complaint, Thomas is deaf and communicates through American Sign Language, reading lips and written words. In October 2011, she applied for a "team member" position at Toys "R" Us, and the store contacted her by phone to invite her to a group interview that November. Her mother told the store that Thomas is deaf and requested a sign-language interpreter for the interview.
The store said Thomas could attend the interview but would have to provide her own interpreter, the lawsuit says. Her mother attended and interpreted for her.
Later, her mother contacted the store on Thomas' behalf to check the status of her application, but got no response. The lawsuit alleges Thomas could perform the duties of the job but the store did not hire her because she is deaf.
The EEOC filed the lawsuit after it tried to reach a settlement with the company, officials said. The lawsuit seeks a court order requiring Toys "R" Us to carry out policies ensuring that people with disabilities do not face discrimination in the hiring process, as well as unspecified compensation for Thomas.
Advocates for people with disabilities say the lawsuit brings to light a common experience for many who are looking for work.
"This case is an example of one reason why unemployment of people with disabilities is so much higher than people without disabilities," said Lauren Young, director of litigation at the Maryland Disability Law Center. "Because people aren't given a fair shot."
She said employers might make incorrect guesses about a person's abilities and what it would take to accommodate the employee.
"It sounds like they didn't even bother to find out and just made an assumption," she said of the Toys "R" Us case.
The National Association of the Deaf, based in Silver Spring, gets "numerous complaints" similar to the one described in the lawsuit, said CEO Howard Rosenblum.
"The Americans with Disabilities Act has been law for nearly 23 years, and there is no excuse for failing to provide communication access or refusing to hire deaf and hard-of-hearing individuals," Rosenblum said in an email. "Like everyone else, deaf and hard-of-hearing people want to work, and employers need to just give us a chance to prove our skills."
alisonk@baltsun.com
http://articles.baltimoresun.com/2013-03-19/news/bs-md-toys-r-us-lawsuit-20130319_1_sign-language-interpreter-disabilities-act-agency-files-lawsuit
U.S Equal Employment Opportunity Commission (EEOC)
Retailer Refused to Provide Accommodation or Hire Deaf Applicant, Federal Agency SaysBALTIMORE - Toys "R" Us, Inc., one of the world's largest retailers of toys and juvenile products, violated federal law when it first refused to provide an interpreter for a deaf applicant and then failed to hire her, the U.S Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.
The EEOC charged that Shakirra Thomas, who is deaf, applied for a team member position at the retailer's Columbia, Md., store in October 2011. Thomas communicates by using American Sign Language, reading lips and through written word. When the company contacted Thomas to attend a group interview, Thomas' mother advised that Thomas was deaf and requested the company to provide an interpreter for the interview. The retailer refused and said that if Thomas wished to attend a group interview in November 2011, then she would have to provide her own interpreter, the EEOC alleges.
Thomas's mother interpreted for her during a group interview, but the company refused to hire Thomas despite her qualifications for and ability to perform the team member position, with or without a reasonable accommodation, the EEOC said in its lawsuit.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires that employers provide reasonable accommodations to employees and applicants with disabilities unless it would cause an undue hardship. The ADA also prohibits employers from refusing to hire someone because of a disability. The EEOC filed suit in U.S. District Court for the District of Maryland, Baltimore Division, Civil Action No. 1:13-cv-00756-CCB, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.
"Federal law requires employers to provide a reasonable accommodation during the interview process, including providing an American Sign Language interpreter, unless the employer can show it would be a significant difficulty or expense to do so, said EEOC District Director Spencer H. Lewis, Jr., of the EEOC's Philadelphia District Office. "Given the size and resources of Toys "R" Us, it is difficult to understand how it would have been an undue hardship for such a large retailer to provide an interpreter when asked to so."
EEOC Regional Attorney Debra M. Lawrence added, "It's not only bad business to forgo hiring a qualified employee simply because of fears, biases or stereotypes against people with disabilities, it's also a violation of the law."
According to its website, http://www.toysrusinc.com, Toys "R" Us, Inc. employs approximately 70,000 employees worldwide.
The Philadelphia District Office of the EEOC oversees Pennsylvania, Maryland, Delaware, West Virginia and parts of New Jersey and Ohio.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available at its website, www.eeoc.gov .
http://www.eeoc.gov/eeoc/newsroom/release/3-19-13.cfm
###
EEOC claims Toys 'R' Us discriminated against deaf job applicant
article By Alison Knezevich, The Baltimore Sun, March 19, 2013
Agency files lawsuit against retailer in federal court
The U.S. Equal Employment Opportunity Commission sued Toys "R" Us, alleging the company broke the law when staff at its Columbia store refused to provide a sign-language interpreter for a job applicant who is deaf.
The lawsuit, filed last week in U.S. District Court in Baltimore, says the retailer discriminated against the woman, Shakirra Thomas, after she applied for a position at the store in 2011. It alleges the company violated the federal Americans with Disabilities Act, which requires employers to provide "reasonable accommodations" for job applicants and workers with disabilities.
In a statement, EEOC District Director Spencer H. Lewis said employers must reasonably accommodate disabled applicants during interviews, unless doing so would be "a significant difficulty or expense."
"Given the size and resources of Toys 'R' Us, it is difficult to understand how it would have been an undue hardship for such a large retailer to provide an interpreter when asked to do so," he said.
A Toys "R" Us spokeswoman declined to comment, citing the pending litigation.
According to the complaint, Thomas is deaf and communicates through American Sign Language, reading lips and written words. In October 2011, she applied for a "team member" position at Toys "R" Us, and the store contacted her by phone to invite her to a group interview that November. Her mother told the store that Thomas is deaf and requested a sign-language interpreter for the interview.
The store said Thomas could attend the interview but would have to provide her own interpreter, the lawsuit says. Her mother attended and interpreted for her.
Later, her mother contacted the store on Thomas' behalf to check the status of her application, but got no response. The lawsuit alleges Thomas could perform the duties of the job but the store did not hire her because she is deaf.
The EEOC filed the lawsuit after it tried to reach a settlement with the company, officials said. The lawsuit seeks a court order requiring Toys "R" Us to carry out policies ensuring that people with disabilities do not face discrimination in the hiring process, as well as unspecified compensation for Thomas.
Advocates for people with disabilities say the lawsuit brings to light a common experience for many who are looking for work.
"This case is an example of one reason why unemployment of people with disabilities is so much higher than people without disabilities," said Lauren Young, director of litigation at the Maryland Disability Law Center. "Because people aren't given a fair shot."
She said employers might make incorrect guesses about a person's abilities and what it would take to accommodate the employee.
"It sounds like they didn't even bother to find out and just made an assumption," she said of the Toys "R" Us case.
The National Association of the Deaf, based in Silver Spring, gets "numerous complaints" similar to the one described in the lawsuit, said CEO Howard Rosenblum.
"The Americans with Disabilities Act has been law for nearly 23 years, and there is no excuse for failing to provide communication access or refusing to hire deaf and hard-of-hearing individuals," Rosenblum said in an email. "Like everyone else, deaf and hard-of-hearing people want to work, and employers need to just give us a chance to prove our skills."
alisonk@baltsun.com
http://articles.baltimoresun.com/2013-03-19/news/bs-md-toys-r-us-lawsuit-20130319_1_sign-language-interpreter-disabilities-act-agency-files-lawsuit
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