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Employment Law
ADA
Failure to Accommodate

U.S. Equal Employment Opportunity Commission v. Macy's West, a division of Macy's Department Stores Inc.

Published: Sep. 6, 2008 | Result Date: May 27, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 2:08-cv-03343-FMC-AJW Settlement –  $80,000

Court

USDC Central


Attorneys

Plaintiff

Anna Y. Park
(U.S. Equal Employment Opportunity Commission)

Lorena Garcia-Bautista
(U.S. Equal Employment Opportunity Commission )


Defendant

Robert D. Vogel
(Jackson Lewis PC)


Facts

Donna Castile was hearing-impaired and disabled within the meaning of the Americans with Disabilities Act during her tenure at Macy's. Marilyn Hall was another Macy's employee who requested that Castile and other employees be accommodated due to their disabilities. Castile and Hall later resigned their positions.

The Equal Employment Opportunity Commission sued Macy's on behalf of Castile, Hall, and other similarly situated employees.

Contentions

PLAINTIFFS' CONTENTIONS:
Castile argued that she was discriminated against due to her hearing disability. Hall claimed that she was given negative employee reviews in retaliation for requesting disability accommodation. The EEOC alleged that Macy's failed to provide sign language interpreters for its workers.

Damages

Castile and Hall requested back pay as compensatory damages and Castile sought reinstatement to her previous position.

Result

A consent decree was entered into whereby Macy's agreed to pay $75,000 as compensatory damages to Castile and Hall (to be apportioned by the EEOC). As well, Macy's agreed to donate $5,000 to a non-profit organization involved with the hearing-impaired.


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