Worker with Cerebral Palsy Accepts Settlement from Target

posted on Aug 30 by Lauren in the Advocacy, Cerebral Palsy, Disability Discrimination, Disability Law, Disability News category

Target decides on a $160,000 settlement with Jeremy Schott to resolve federal charges that the company discriminated against their employee with cerebral palsy.

The U.S. Equal Employment Opportunity Commission charged Target with severely cutting Schott’s hours and not making the reasonable accommodations he required to be effective at his job. The company did not offer to acknowledge any truth to the charges filed against them as part of the agreement.

Jeremy Schott began what started as a successful employment opportunity with Target in 2002. Schott’s cerebral palsy required accommodations such as a job coach, and for either his parent’s or job coach to be present during employee reviews. The young man thrived at his new job at first, as he achieved “Target Hero of the Month” in 2003.

The trouble started when Jeremy had to take a medical leave in 2004 after having a seizure that required him to take a break from his job duties for a while. When Jeremy returned from his medical leave, he returned to find his hours to be cut to as low as eight hours a week. On top of all this, the company failed to make the reasonable accommodation of a job coach or parent be present during employee reviews. Thus, the EEOC moved forward with filing a federal lawsuit in 2009 claiming that Target violated the ADA.

Target’s original response to the law suit was that it was unaware of the extent of Schott’s medical issues at the time they hired him. However, this is no excuse in the California courtroom, as past EEOC lawsuits have shown. The Second District of appeals said that there is no purpose in any employee invoking the protecting cloak of the law, as the law is already present. It is the responsibility of the employer to open dialog with the employee for reasonable accommodations.

Along with the settlement, Target has agreed to create a policy in regards to fulfilling reasonable accommodations for all current and future employees with disabilities.

Sources:

http://www.ocregister.com/news/schott-307168-target-commission.html

http://www.businesslawalert.com/2011/07/articles/general-business/target-pays-160000-settlement-for-failing-to-accommodate/