discrimination against Costco Wholesales

Aug 1 I had been interviewed by Costco assistant manager, handed out the paper about list for job position I applied for stocking. the list from paper said position requirement hearing to work there.

I had filed a charge of discrimination to EEOC (equal employment opportunity commission) against Costco Wholesale for handing out the paper and I was told I am required hearing to work there, and I was denied hire.

right now I am waiting for mediator because Costco Wholesale employee has not responded yet

I need your advise because it will be my first time on this case.

if you are interested to talk to me about this case, so I can leave few contacts you can reach me

if you have vp, vp me at 951 704 8018 if ip address only, vp me at gadgetki.no-ip.org

email address is gadgetki@hotmail.com

thank

Garrett

Hi, Garrett: I don't know anything about EEOC cases, but maybe this help:

From Illinois Legal Aid: How to Represent Yourself at an EEOC Mediation

The Procedure

Mediation is a voluntary process. No one, not even the mediator, can force you to accept a settlement of your charge. However, the mediator can help you clarify your goals in bringing your charge, and can help you and your employer find a compromise solution to your employment problem.

You should not view the mediation as a place where you have to convince the employer, or the mediator, that you were treated wrongly. It is not the mediator's job to decide what really happened to you, or whether you were discriminated against or who is telling the truth. The mediator will not make any decision as to your case. Instead, the mediator will help you and your employer talk to each other and to see "both sides of the story."

It is unlikely that you will ever convince your employer that he or she wronged you.

You should consider bringing a trusted friend or relative with you to the mediation. It can be helpful to have a source of support with you, even if she or he is not a lawyer. That person can help you come up with sensible ways of responding to developments in the mediation. The employer will usually not object to you bringing a support person to the mediation, unless it is a co-worker or someone else who has a complaint against the company.

The mediation usually begins with all parties – you, the mediator, the employer's representative (usually a lawyer or someone from Human Resources) – in the same room. You may not see your supervisor at the mediation; sometimes employers prefer to send someone without a personal involvement in the facts underlying the mediation. Don't be offended if your supervisor does not attend the mediation.

The mediator will introduce herself or himself, get everyone relaxed, and ask you if you would like to make a statement on your behalf. The mediator will know almost nothing about you, your job, your employer and what happened to you, so you should be prepared to educate the mediator. To that end, you should prepare a brief statement (no more than 5 minutes) explaining:

* The nature of your job and your credentials
* The quality of your work for your employer
* The nature of how you were wronged, and
* Your willingness to listen to the other side

In this opening statement, it is advisable that you not make a demand for money. That will come later. After you have completed your statement, the employer may also make a statement. You should listen carefully to your employer's statement. Resist the temptation to interrupt. Just take notes. Some things you hear may be incorrect. You can notify the mediator of this later. It is important for you to learn everything you can about why the employer treated you the way it did so that you can respond later.

After both sides make their statements, you can ask the mediator to "caucus," or meet, with you privately. In this private session, you should notify the mediator of any important, incorrect statements the employer made in its opening remarks. You must also explain to the mediator what you would like to get out of the mediation. Depending on the case, there are a number of reasonable goals: compensation for lost wages or for emotional or physical injuries, reinstatement to your previous job, a favorable letter of recommendation (written at the mediation), an agreement that the employer not contest your application for unemployment compensation, a request that unfavorable entries in your personnel file be expunged, an accommodation for a disability or other possibilities. Many mediations come down to a request for money, so you need to think about the value of your discrimination case (discussed further below), not how much money you might need in general.

After you and the mediator agree on a reasonable request to make of the employer, the mediator will caucus for a while with the employer. When that caucus is completed, the mediator will return to you privately and present the employer's counteroffer. This process will continue until the two sides reach an agreement, if one is possible. At that time, the mediator will put the agreement in writing and both sides are expected to sign it. The terms of the agreement will remain confidential. All parties will also be bound to keep confidential all statements made during the mediation.

Preparing for Your Case

- For disability discrimination cases, make sure you can establish that you are a qualified employee (this means an employee who can perform all the "essential elements" of your job, with or without a reasonable accommodation). To identify the essential elements of your job, get a copy of your job description. You also must have a "disability." A disability is a condition that substantially impairs a major life activity (like walking, breathing, running, driving or working), or a condition which your employer believes impairs those activities, even though you may not actually be impaired. If you are a qualified employee who is disabled or perceived to be disabled, your employer must take steps to provide you with a reasonable accommodation to allow you to work (as long as it is not unduly burdensome for the employer) and may not treat you more harshly than non-disabled employees.

- Bring any documents that support your discrimination claims, and be prepared to identify witnesses.

Be prepared to answer questions about your case, such as "you say X. Your employer says the opposite. How will you convince the judge that you are telling the truth?", "What are the strengths and weaknesses of your case?", "What are your damages?".

Valuing Your Case

The most important – and most difficult – aspect of mediation is valuing your case. If you have come this far, you undoubtedly believe that your case is strong. But to know whether you should accept a settlement, you need to know how to value your case: you need to compare your employer's mediation offer with the amount you could win in court, if you were to spend many years litigating your case and if you won.

It is difficult in a guide like this to give a precise formula for valuing your case. However, there are general principles that you may find helpful. If you have been terminated, calculate how much money you would have earned up to the date of the mediation had you not been terminated. That is called your "back pay." For example, if you were fired in April 1, 2001, filed your charge of discrimination on June 1, 2001, and your mediation is set for September 1, 2001, figure out how much money you would have earned between April 1 and September 1. You should bear in mind, though, that back pay usually cannot reach further back in time than 300 days before you filed your charge. In other words, you usually cannot obtain back pay stretching more than 300 days before you filed your charge.

Add all of these items of damages together (there may be others). You should then multiply this by how likely it is that you will win. No case is a 100% sure winner. Many cases have somewhere between a 20% and 80% chance of winning. Be realistic. If, for example, your itemized damages are $12,000 and you estimate you have a 50% chance of winning, your case can be valued at $6,000.

You should also consider the "present value" of money. To win the $6,000 in court, you would need to litigate your case for several years. Most people would gladly accept $4,500 today, rather than $6,000 in four years. Therefore, in this case, $4,500 might be a reasonable settlement value today.

To continue with the $4,500 example, if you decide that you would accept a settlement of $4,500, it would be reasonable to ask for $9,000 as an opening demand, in hopes of ending up at $4,500 or slightly higher.

To determine your chances of winning, you must take into account everything that has been presented at the mediation: how believable your story is compared to the employer's, whether either side has independent support (in documents or witnesses) for their point of view. No case is a sure winner. You need a pretty strong case to give yourself a more than 70% chance of winning, considering how difficult things can be when you go to court.
Ending the Mediation

A mediation which results in a settlement does not make anyone completely happy. A settlement is supposed to be a compromise; that is why it is called a settlement. However, if you are thoroughly dissatisfied with the mediation and any offers that the employer has made to you, you have the right to request that the mediation end and that your case move to the investigation phase, where an EEOC investigator will look into your charges. This investigation usually lasts for months. After the investigation is over, you will have the right to go to court, although you will probably need to get a lawyer at that point. It can be very difficult to find an attorney who will handle employment discrimination case on a contingency fee basis. Going to court may take at least two and possible five or more years. This is a lengthy and costly process for many people. Even if you win at the end, the amount you win may seem like too little, too late. In other words, just because a settlement offer is not perfect is no reason to think that a court will necessarily provide you any better remedy.

If your case settles, the EEOC will draft up a settlement agreement that you will have a chance to review for accuracy before you sign. The employer may also ask you to sign a "release" that is typically designed to ensure that you cannot sue the employer again for the kind of claims you made in your EEOC charge. This is not unusual. If the employer asks you to sign a release, you should ask that the release not include claims that you may make for unemployment compensation, under an employee benefits plan, or for worker's compensation. The employer may not agree to this, but it is something you should explore. You should feel free to ask the employer to explain to you every term of the release. The employer's attorney has a duty to be truthful in speaking with you about this document.

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From Comprehensive Advocacy, Incorporated: HOW TO ENFORCE EMPLOYMENT RIGHTS UNDER THE AMERICANS WITH DISABILITIES ACT

- H. Strategies for the EEOC/IHRC Process

Mediation or Alternative Dispute Resolution

a. Advantages/Disadvantages

Both the IHRC and EEOC offer mediation as a method to attempt to resolve employment disputes. Mediation is an informal conference in which the employer and employee/applicant attempt to reach a settlement. A trained mediator meets with the parties to facilitate an agreement. Participation in the mediation is voluntary. Mediation is free to both parties. The advantages to attempting to mediate are that:

* it is quicker,
* involves no cost to the parties, and
* the parties learn about the other party's position.

The disadvantage is that in some cases, employees or applicants feel intimidated and agree to settle for less than might be a fair settlement.

b. Attorneys at Mediation

One way to minimize this disadvantage for employees or applicants is to ask to bring an attorney to assist you at the mediation or to have the proposed settlement agreement reviewed by an attorney before you sign it. If an attorney does come to the IHRC mediation, the attorney may be expected to play a limited part in the actual mediation because the mediators expect the parties to talk to each other. The attorney is there to review the mediation agreement and to give advice to the charging party. At the EEOC mediation the attorney's role is not limited. Both parties must agree to go to mediation for a mediation to occur. Attorneys can attend mediation at the EEOC.

c. Legal Advice Before Signing an Agreement

A charging party who chooses to mediate may consult an attorney about his/her rights prior to the mediation. The other alternative is to consult an attorney after the mediation, but before signing any agreement. Often, agreements are signed the day of mediation. If you intend to have the agreement reviewed by an attorney before you sign, let staff of the IHRC or EEOC know your plan before the mediation.

-Requesting Reconsideration

If you are dissatisfied with the agency's finding, you may request reconsideration. If you request a reconsideration of the IHRC's final decision, do so within the deadlines in Part F, Section 4. If you request a reconsideration of the EEOC's finding, do so as soon as possible. Most cases are not accepted for reconsideration. The EEOC has the discretion whether to reconsider claims. In your request for reconsideration, you should explain why you believe the decision was wrong, such as:

* new information has become available that would prove discrimination;
* important witnesses were not interviewed who could be interviewed now; or
* the department misinterpreted the applicable law.

If possible, you should seek legal advice about the agency's finding and help requesting reconsideration.

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From Filing an ADA Employment Discrimination Charge: Making It Work for You (about mental disability - has some other advice too)

Remember that in order to be protected by the ADA's employment provisions, it is necessary to be qualified (see discussion on page 5). To determine whether a person is qualified, investigators must determine if the individual meets the necessary prerequisites for the job-education, work experience, training, skills, licenses, certificates, and other job-related requirements, such as good judgment or ability to work with other people. They also must determine if the individual can perform the essential functions of the job, with or without reasonable accommodations. To help, prepare a resume or other documentation highlighting your education, work experience, training, and skills. Also, try to obtain pertinent licenses, and letters of references pertaining to job-related requirements such as good judgment or ability to work with other people. - Complainants must establish both that they have an impairment that substantially limits a major life activity and that they are able to perform all essential job functions with or without reasonable accommodation.

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From ADA Guide: What to do When an Employer Discriminates Against Yout Because of Your Disability


What should you do if you are offered mediation?
If you and the employer are offered mediation, you both must agree to participate. The reasons to use mediation are: it is a faster way to end the complaint and you are much more likely to get some kind of benefit. For example, 62 out of every 100 people who participated in the EEOC's mediation program received a benefit, while only 8 out of every 100 people who did not participate in the program received a benefit. The reason you might not want to use mediation is you may get less money than if you use the regular EEOC process. Between January 1, 1999 and September 30, 2000, the typical person who used the EEOC's mediation program received a benefit of $4,883, while the typical person who did not use the program received a benefit of $7,000.

How long could the process take?
It can take many months or even longer.

What should you do if you are not satisfied with the result of filing a complaint?
You have the right to file a lawsuit after you have filed your complaint at the EEOC or FEPA. You may do this if you are not satisfied, if you think the process is taking too long, or for any other reason. In order to file a lawsuit, you must ask for a letter from the EEOC or FEPA called a "right-to-sue" letter. When you get this letter, the agency will stop working on your complaint. You can also wait until the agency has made a decision on your complaint and ask for a "right-to-sue" letter at that point.

When can you file a lawsuit?
You can file a lawsuit within 90 days after receiving a notice of a "right to sue".

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From the EEOC: Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act

+++Whole article is interesting, but too long to quote. This is part: CONCERNS ABOUT SAFETY

17. When may an employer prohibit an employee with a hearing disability from doing a job because of safety concerns?

If an employee would pose a “direct threat” (i.e. a significant risk of substantial harm to herself or others) when working in a particular position, even with a reasonable accommodation, then an employer can prohibit her from performing that job. Any potential harm must be substantial and likely to occur.

An employer must consider the following to assess if an employee or applicant poses a direct threat:

* the duration of the risk involved;
* the nature and severity of the potential harm;
* the likelihood the potential harm will occur;
* the imminence of the potential harm; and
* the availability of any reasonable accommodation that might reduce or eliminate the risk.

Good luck, Garrett! I hope you win!

Contact NAD at Home - National Association of the Deaf They will assist you to file discrimination against Costco. Good luck.

Well it is going to be expensive and will be a time-wasting if you want Organization to get involved.

Costco WholeSales got large stocks. It isn't like putting a box of cereal on the shelf. You have to put a box of 20 boxes of cereals on the huge shelf.

They may have to have FORKLIFTER machine... and they maybe scare
you might back up and run over someone behind you.

Why not ask them *Costco* if they have any other position available and can sign up application?

Then if they hire you, after they hire you, then you can work there
for few months and help stockers.
And then other stockers will help you get a stocking job.

Then Managers will give you a chance and trust you and hire you
as Stocker.

This is about the 2nd or 3rd time I have heard this about big companies...the ability to hear....is this a trend that's successful for them? Anybody?

Big companies DO NOT GIVE a D*MN about your rights.

All they worried about is LOSING MONEY.
They don't want to lose money if someone gets hurt and that person
suing them for million of dollars.

They rather keep money than to hire someone with a disability.

They scare of hiring deaf person, because they think something may
go wrong.

I know that is sad.... but that is fact and yes it is so sad.

try apply another job?

Try apply at Sam's Club, it's wholesale retail, similar to Costco, plus there's some deaf people who work here.

Same here about what Oddball said.

umm, I have relation who happen to be deaf and work at Costco as assist manager. Of course, he don't speak well and yet, he make it.

Maybe it's your bad behavior?

Deafilmedia said:

They may have to have FORKLIFTER machine... and they maybe scare
you might back up and run over someone behind you.

Click to expand...

Hey aren't you forgetting that some deafies can drive forklift....I have two certificatations to drive forklift but sadly that most companies want the experiences only (for accurancy and fast pace) and i do not have any experiences of driving forklift.... One of our friend who already become a forklift driver with certificate and some experience and she got the job and she is DEAF!!!!!!!!!

I have a friend who works at costco for years! He works as a cashier. Consumers have no plm with him.

I used be drive a forklift at the recycle shop for loading into semi trucks in long time ago. They have strobe light on the forklift to alerting deaf employees to watch out for forklifts..

Tousi said:

This is about the 2nd or 3rd time I have heard this about big companies...the ability to hear....is this a trend that's successful for them? Anybody?

Click to expand...

Its illegal as hell!

PowerON said:

umm, I have relation who happen to be deaf and work at Costco as assist manager. Of course, he don't speak well and yet, he make it.

Maybe it's your bad behavior?

Click to expand...

Bad behavior? Gadgetki said "list from paper said position requirement hearing to work there". No bad behavior, just discrimination in the paper.

I don't think I've posted recently, maybe not at all but I'm going to offer my 2 cents worth on this anyway.

First, I'm not here to offend anyone but I am brutally honest. I tell it as I see it. Sometimes this isn't what people want to hear (or see)


Big business: I believe over 90% of them are crooked. What do I mean by crooked? Simple - I see business as having to abide by morals, ethics and principals. I argue this point: The CEO of Verizon earns over 19 MILLION per year. Sorry...no human being is worth that much!

Secondly - our society is too much into blame. We always have to blame someone else for our inabilities. We bring race and other things into play. The bottom line is that we all want equality.
This in itself is a problem. If we're all in fact unique than how can be be equal? The right answer is that we cannot.

I'm in the hearing world. I'm just now barely breaking into the Deaf world and still have a long way to go. Why? I interacted with some Deaf students and decided there wasn't enough support for these kids. Later I decided that it's hard enough for Deaf people to get jobs and enter the predominately hearing world that they needed help. I also decided that ASL isn't really that difficult to learn. Even if we only learn basics, we can indeed assist someone else in working toward complete assimilation into a society to which they have a right to be in. Deaf people have a right to jobs, schools, entertainment and all other things.

So my opinion is that if you take that job even if you win - you'll lose. Someone will find some way to get rid of you. You'll be fighting non-stop.

Fight...and don't stop fighting, then don't take a job with them. If you do you'll be sorry.

I would contact NAD to see if they want to help. I think you should not let this company gets away with this! Who knows you will win a big lawsuit!

gadgetki said:

Aug 1 I had been interviewed by Costco assistant manager, handed out the paper about list for job position I applied for stocking. the list from paper said position requirement hearing to work there.

Click to expand...

Did you ask the manager why the ability to hear is a requirement for a stocker job?

My friend and cousin is deaf and he work for Costco as stocker. I don't see what's hell wrong with your region on their decide to not hire you.

This thread is from 5 years ago. I think a spammer bumped it. I also know of a few people who are DHH and employed by Costco, so I have a feeling there were other reasons why the OP wasn't hired. Unless they come back and share the results of their complaint...

CrazyPaul said:

Did you ask the manager why the ability to hear is a requirement for a stocker job?

Click to expand...

lol why bother asking when that ADer hasn't been on since 4 years ago?