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U.S. Equal Employment Opportunity Commission



PRESS RELEASE
12-27-12

EEOC Settles Disability Discharge Suit Against Scooter Store

NEW YORK - The U.S. Equal Employment Opportunity Commission (EEOC) has settled a disability discrimination lawsuit against The Scooter Store, a nationwide, Texas-based retailer, the agency announced today. The terms of the settlement require The Scooter Store to pay money damages to a disabled former employee and to make changes designed to prevent discrimination and retaliation.

According to the EEOC's lawsuit, Case No. 11-04226 (AAR)(VVP), filed in U.S. District Court for the Eastern District of New York, the EEOC alleged that The Scooter Store discriminated against James Sherman, a mobility manager, by failing to grant his request for a reasonable accommodation. Sherman suffers from psoriatic arthritis and needed a temporary leave of absence from work. The EEOC claimed that the Scooter Store denied Mr. Sherman's request and fired him, in violation of the Americans with Disabilities Act of 1990 (ADA).

By the terms of the consent decree settling the suit, The Scooter Store agreed to pay $99,000 to Mr. Sherman. Further, The Scooter Store agreed to comply with the requirements of the ADA and modify its leave policy. The decree also requires monitoring and training on anti-discrimination law. The decree will last for five years.

"We commend The Scooter Store for working cooperatively with us to resolve this matter," said EEOC New York Trial Attorney Louis Graziano. "We are confident that we have put mechanisms in place to ensure compliance with the law in the future."

New York District Director EEOC Kevin Berry 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."

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.