Jewel settles disability discrimination lawsuit for $3.2 million
BY FRANCINE KNOWLES fknowles@suntimes.com
Jewel-Osco parent Supervalu Inc. has agreed to pay $3.2 million to settle a federal lawsuit claiming the company discriminated against disabled employees.
The suit, filed by the U.S. Equal Employment Opportunity Commission, alleged Jewel-Osco had fired employees with disabilities at the end of medical leaves rather than bringing them back to work with reasonable accommodations.
Roughly 1,000 employees at Jewel-Osco stores in the Chicago metropolitan area and Northwest Indiana, were allegedly fired under the policy since 2003, the EEOC said. But only 110 of those employees will receive an average award of $29,000 each, under a consent decree signed by U.S. District Judge Ronald Guzman Wednesday. That’s because not all of the fired employees took part in the suit, others were too disabled to return to work and others weren’t eligible for other reasons, the EEOC said.
“This very important settlement underscores the EEOC’s commitment to vigorous enforcement of the Americans with Disabilities Act [ADA] and to ensuring that all workers receive fair and equal treatment in the workplace,” EEOC Chairwoman Jacqueline Berrien said in a statement.
Merrillville, Ind., resident Rosemary Bednarek welcomed the settlement. She said after she injured her back at a Jewel-Osco store in Tinley Park lifting boxes of chicken in February 2004, the company would not accommodate her weight lifting restriction. Her doctor had advised her not to lift more than 20 pounds, she said. Bednarek re-injured her back at work in May 2004 due to the lack of accommodation and was fired by Jewel-Osco a year later, she said.
“I think it’s really good,” she said of the settlement, contending Jewel-Osco should make accommodations for disabled employees. “I wanted to work, but they wouldn’t let me.”
Employers must understand that the primary goal of the ADA is to allow people with disabilities to be active and productive members of the workforce, according to John Hendrickson, EEOC regional attorney in the Chicago District Office.
“Sending them home with reduced or no pay and without the ability to advance thwarts that purpose,” he said in a statement. “I am concerned that some employers believe that keeping an employee who is able to work off the job and on a leave of absence is a reasonable accommodation relieving them of further obligations under the ADA. Such a belief could lead to costly mistakes.”
Supervalu denied wrongdoing.
“While Supervalu and Jewel-Osco believe we have fully complied with the law, we ultimately chose to settle this case in order to avoid future litigation costs, put the matter behind us and focus on our current business initiatives,” Jewel-Osco spokesman Karen May said in a statement. “Supervalu and Jewel-Osco do not discriminate on the basis of disability. In fact, Jewel-Osco has been consistently recognized for its efforts to hire and accommodate people with disabilities, receiving awards from multiple advocacy organizations and being named one of the top employers in Illinois for people with disabilities by the Illinois Department of Human Services’ Division of Rehabilitation Services.’’
Under the consent decree, the company will have to report regularly to the EEOC on its efforts to accommodate employees with disabilities who are attempting to return from medical leaves of absence.
Jewel-Osco must also revise its communications with such employees to assure them that they don’t need to be 100 percent healed to be considered for a return to work and to notify them of the types of accommodations that might be available if they are considering returning to work with medical restrictions, the EEOC said.
Jewel-Osco also will hire consultants to review and recommend changes to its current job descriptions, ensure that the descriptions of the physical requirements of the job are accurate and provide recommendations on possible accommodations to common work restrictions in various positions in the stores, the EEOC said.
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