Sue Target

Found this on the web site of the Oklahoma Disability Law Center, Inc.

http://www.flash.net/~odlcokc

Oakland, CA—Today (October 6, 1999) in the U.S. District Court, Northern District of California, Disability Rights Advocates (DRA) and Schneider & McCormac filed a nationwide class action lawsuit of first impression (Lundstrom v. Target) against Target Stores, a division of Dayton Hudson Corporation, for violating the Americans with Disabilities Act of 1990 (ADA). Target discriminates against persons with hearing disabilities by failing to provide the accommodations necessary to ensure effective communication in the workplace.

The ADA requires places of public accommodation, such as retailers or department stores, to provide reasonable accommodations for people with disabilities during the interview process. For people who are deaf or hard of hearing, retailers must provide the necessary accommodations to achieve effective communication between the hearing and deaf persons. For deaf people, interpreters are a necessary accommodation to bridge the communication gap between sign language and English users. Target, however, has exhibited a pattern and practice of refusing to provide interpreters during the job application process which severely disadvantages deaf people’s opportunities to fairly and equally compete for employment. As one of the largest retail stores in the nations, with a annual revenues of over $20 billion, Target can well afford the costs of such accommodations.

The individual named Plaintiff, Gary Lundstrom, represents a state and nationwide class of all persons with hearing disabilities who have been injured in the legal right or are threatened with such injury because of Target’s conduct in establishing and implementing discriminatory policies and practices against deaf and hard of hearing job applicants. Plaintiffs are seeking injunctive relief that will force Target into compliance with federal civil rights laws.

Target systematically fails to provide very basic accommodations to deaf and hard of hearing job applicants during the employment application process. Target’s refusal to provide deaf and hard of hearing applicants with sign language interpreters for interviews forces them to communicate with interviewers by writing notes. Target also refuses to provide hearing disabled applicants with interpreters for written job examinations administered by Target. An investigation of Target stores across the nation shows that Target routinely denies deaf job applicants’ requests for interpreters for job interviews. Of ten deaf people across the nation, six were discriminated against by one form or another. For example, three people were told that Target would not provide an interpreter for the job interview. Two other people were told that Target was not currently hiring. However, when hearing persons inquired about job openings at the same stores, they were told that Target was currently hiring and were encouraged to apply. Only one deaf individual was told that Target would provide him with an interpreter and that he would receive a call to schedule an interview. Despite his repeated TDD (Telecommunication Device for the Deaf) calls and messages concerning scheduling an interview, Target never returned his messages. The last time he called to follow up on an interview, he was told that Target was already conducting interviews.

The named class representative in this suit is Gary Lundstrom, who is deaf. Mr. Lundstrom states, "Target didn’t even give me a chance. I asked for an interpreter and they said they would give me one. But before the interview, they called me and told me they could not find an interpreter and just told me to come in for the interview anyway. I told Target that I needed an interpreter, but they insisted that I should just interview without one. I decided to go to the interview anyway because I needed a job and I wanted to try. But, without an interpreter at the interview, I was not able to understand what was being said, ask questions easily, understand most of the questions on the test, or talk about my skills."

Rowena Gargalicana, an attorney for the plaintiff, notes: "It is ironic that Target’s web page boasts about the company’s commitment to diversity and about the company’s Diversity Task Force. However, Target’s practice of routinely denying deaf job applicants sign language interpreters during job interviews is proof that Target does not want to hire deaf people."

Plaintiffs are represented by Disability Rights Advocates, a national civil rights nonprofit law firm exclusively representing people with disabilities and Schneider & McCormac, a prominent San Francisco civil rights firm.
 
Wow, very interesting article. Thanks for sharing with us and I've checked out the link you provided, it has helpful information there with links, etc. :)
 
I don't believe in unions. They suck ass when it comes to dealing with ADA.

BTW, Hi Seth!
 
Levonian said:
Found this on the web site of the Oklahoma Disability Law Center, Inc.

http://www.flash.net/~odlcokc

Oakland, CA—Today (October 6, 1999) in the U.S. District Court, Northern District of California, Disability Rights Advocates (DRA) and Schneider & McCormac filed a nationwide class action lawsuit of first impression (Lundstrom v. Target) against Target Stores, a division of Dayton Hudson Corporation, for violating the Americans with Disabilities Act of 1990 (ADA). Target discriminates against persons with hearing disabilities by failing to provide the accommodations necessary to ensure effective communication in the workplace.

The ADA requires places of public accommodation, such as retailers or department stores, to provide reasonable accommodations for people with disabilities during the interview process. For people who are deaf or hard of hearing, retailers must provide the necessary accommodations to achieve effective communication between the hearing and deaf persons. For deaf people, interpreters are a necessary accommodation to bridge the communication gap between sign language and English users. Target, however, has exhibited a pattern and practice of refusing to provide interpreters during the job application process which severely disadvantages deaf people’s opportunities to fairly and equally compete for employment. As one of the largest retail stores in the nations, with a annual revenues of over $20 billion, Target can well afford the costs of such accommodations.

The individual named Plaintiff, Gary Lundstrom, represents a state and nationwide class of all persons with hearing disabilities who have been injured in the legal right or are threatened with such injury because of Target’s conduct in establishing and implementing discriminatory policies and practices against deaf and hard of hearing job applicants. Plaintiffs are seeking injunctive relief that will force Target into compliance with federal civil rights laws.

Target systematically fails to provide very basic accommodations to deaf and hard of hearing job applicants during the employment application process. Target’s refusal to provide deaf and hard of hearing applicants with sign language interpreters for interviews forces them to communicate with interviewers by writing notes. Target also refuses to provide hearing disabled applicants with interpreters for written job examinations administered by Target. An investigation of Target stores across the nation shows that Target routinely denies deaf job applicants’ requests for interpreters for job interviews. Of ten deaf people across the nation, six were discriminated against by one form or another. For example, three people were told that Target would not provide an interpreter for the job interview. Two other people were told that Target was not currently hiring. However, when hearing persons inquired about job openings at the same stores, they were told that Target was currently hiring and were encouraged to apply. Only one deaf individual was told that Target would provide him with an interpreter and that he would receive a call to schedule an interview. Despite his repeated TDD (Telecommunication Device for the Deaf) calls and messages concerning scheduling an interview, Target never returned his messages. The last time he called to follow up on an interview, he was told that Target was already conducting interviews.

The named class representative in this suit is Gary Lundstrom, who is deaf. Mr. Lundstrom states, "Target didn’t even give me a chance. I asked for an interpreter and they said they would give me one. But before the interview, they called me and told me they could not find an interpreter and just told me to come in for the interview anyway. I told Target that I needed an interpreter, but they insisted that I should just interview without one. I decided to go to the interview anyway because I needed a job and I wanted to try. But, without an interpreter at the interview, I was not able to understand what was being said, ask questions easily, understand most of the questions on the test, or talk about my skills."

Rowena Gargalicana, an attorney for the plaintiff, notes: "It is ironic that Target’s web page boasts about the company’s commitment to diversity and about the company’s Diversity Task Force. However, Target’s practice of routinely denying deaf job applicants sign language interpreters during job interviews is proof that Target does not want to hire deaf people."

Plaintiffs are represented by Disability Rights Advocates, a national civil rights nonprofit law firm exclusively representing people with disabilities and Schneider & McCormac, a prominent San Francisco civil rights firm.


Thank you very much for that stories. I will try to use this history to find the evidence of Target's bad past and havent changed. I will show this to the court when it is time. Thank you very much.
 
sethmantooth said:
Thank you very much for that stories. I will try to use this history to find the evidence of Target's bad past and havent changed. I will show this to the court when it is time. Thank you very much.
Now, let's not start assuming things here.

Let's look at this theory:

Bob is a man.
Bob hates me.
Therefore, all men hate me.

My girlfriend dumped me.
My girlfriend is 23.
Therefore, she dumped me cuz she's 23.

So... using that theory, should we say this?

My Target fired me.
Therefore, all Targets are the same.
 
VamPyroX said:
Now, let's not start assuming things here.

Let's look at this theory:

Bob is a man.
Bob hates me.
Therefore, all men hate me.

My girlfriend dumped me.
My girlfriend is 23.
Therefore, she dumped me cuz she's 23.

So... using that theory, should we say this?

My Target fired me.
Therefore, all Targets are the same.


Ok what are you trying to say? I dont get everything what you are trying to say? Could you please explain more. Are you saying that no matter which Target in which place and all Target have the same problem? Is that what you are saying? Thanks!
 
VamPyroX said:
Now, let's not start assuming things here.

I can see that you’re just trying to play devil’s advocate here, and there’s nothing wrong with that. Jumping to conclusions is the hallmark of an inferior mind. Intelligent people consider all possible explanations for an occurrence before deciding how to respond. But there is overwhelming evidence to at least support the conclusion that sethmantooth was fired because he is deaf. Assuming that everything that sethmantooth said in his first post is true, I can see no outstanding reason why he should have been fired. He claims that he worked aggressively, was well liked by his coworkers, and that it was the middle of the Christmas rush.

Not once did management investigate Sethmantooth’s claims of harassment, despite his repeated complaints. But as soon as that bitch went crying to management that he flipped her off, he was fired in a flash. Intuitively, it just seems fishy to me. But I’ll wait until sethmantooth consults with legal counsel and reports back here before I draw any firm conclusions. Bear in mind though, that Target has a demonstrated history of workplace ADA violations. If I had to bet money on it, I would wager that his deafness was the sole reason that he was fired. Or, more exactly, he was fired because he made an issue out of being harassed about his deafness. I still think that sethmantooth has a good case, and I’m interested in finding out what happens in court.
 
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When I was a senior in high school.. I applied at Target for the job then I had an interview with them. They said they would call me and talk to me more about it and get me hired. But it never happened. :roll: So I applied for Dollar General and had an interview with them and I was hired right on the spot. My boss named Cathy really liked me and challanged me to do things like labeling prices on things, putting things in order, putting things away, see what it needed to be reordered and most of all, she let me work as a cashier too. It was a lot of fun and I enjoyed working there. I get along with mostly everybody at my job expect one black lady. One day, I asked her a question about something I needed for help and she threw an bad attitude on me..and called me named. I immedity started crying and my boss wasn't happy with her. She was lying about everything..well guess what.. that black lady was fired for that reason and also that after that happened, my boss caught her stealing stuff! I was so happy that everything went back to normal. I sure do miss workin there sometimes.
 
sethmantooth said:
Ok what are you trying to say? I dont get everything what you are trying to say? Could you please explain more. Are you saying that no matter which Target in which place and all Target have the same problem? Is that what you are saying? Thanks!
What I am trying to say is that just because something bad at your Target doesn't mean it happens at all the Targets. I have friends who hear these stories and immediatly reject the idea of applying for a job at their local Target. They have this belief that if it happens at one Target, it happens everywhere. I'm saying that it's probably just your Target, meaning the situation should be dealt there only.
 
Levonian said:
I can see that you’re just trying to play devil’s advocate here, and there’s nothing wrong with that. Jumping to conclusions is the hallmark of an inferior mind. Intelligent people consider all possible explanations for an occurrence before deciding how to respond. But there is overwhelming evidence to at least support the conclusion that sethmantooth was fired because he is deaf. Assuming that everything that sethmantooth said in his first post is true, I can see no outstanding reason why he should have been fired. He claims that he worked aggressively, was well liked by his coworkers, and that it was the middle of the Christmas rush.

Not once did management investigate Sethmantooth’s claims of harassment, despite his repeated complaints. But as soon as that bitch went crying to management that he flipped her off, he was fired in a flash. Intuitively, it just seems fishy to me. But I’ll wait until sethmantooth consults with legal council and reports back here before I draw any firm conclusions. Bear in mind, though, that Target has a demonstrated history of workplace ADA violations. If I had to bet money on it, I would wager that his deafness was the sole reason that he was fired. Or, more exactly, he was fired because he made an issue out of being harassed about his deafness. I still think that sethmantooth has a good case, and I’m interested in finding out what happens in court.
I can see what you're trying to say. I agree with you... we should wait and let him deal with it on his own time. I've seen a lot of complaints from my friends and it wasn't just Target. Some of the complained about Wegmans, Walmart, SAM Club, etc. They have this quick assumption that if it happens to one, it happens to all. When I made that post, I was trying to use the psychological test that some people are giving. It helps to understand how they connect things. Some people misunderstand some of those statements. Here are some: Snowball scratched and cut my finger. Snowball is my cat. Therefore, all cats will scratch me. - I hate Dominoes. Dominoes is a pizza place. Therefore, I hate all pizzas.

Those are two examples of false assumptions that people make. A good assumption would be: I hate Dominos. Dominos is a pizza place. Therefore, I might like Papa Johns or Pizza Hut. - Snowball scratched me. Snowball is a cat. Therefore, other cats might not scratch me.

No, it's not just Target that seems to have this problem. There are other companies that have this problem too. It's the media that exposes this problem that makes people think or assume wrong. I recently did some research on an issue similar to this. From what I've researched, it's the minority group that recognizes itself as a problem. A white man is fired from work and a black man hears about it. That black man isn't gonna care. A black man is fired from work and another black man hears about it. That black man is gonna get suspicious and raise concerns about it. A child is neglected by parents. Deaf people read it and think it's bad. A deaf child is neglected by parents. Deaf people read it and are outraged. Why? Blacks identify themselves and go in defense mode with another of the same. Deafs are like that too.

I see it happen here at RIT/NTID all the time. A hearing student fails the class. Deaf students hear it happen and don't care much about it. A deaf student fails the class. Deaf students hear it happen and get upset with accusations that the teacher hates the student cuz he or she is deaf.

I know that this sounds like I'm against you or everyone on the Target issue. Maybe Target does have a problem, but I know it isn't just Target. Other companies do the same and we shouldn't jump to conclusions with them like that. If we were to jump to conclusions every time this happened, almost every company in the United States would be sued like this.

Of course, I would be interested in seeing what happens to this situation. Let me know what happens. :thumb:
 
You do have very good point and I understand what you are saying.

Anyway,

....that day I walked in to fill out an application on computer at Target. There were most of the most stupidest questionnaires, I was like uh wtf? some of those questions is not even that important at all, why ask? :ugh: There were 60 questionnaires, I would say 20 out of 60 are good questionnaire that I don't mind to answer.
 
~Heather~ said:
You do have very good point and I understand what you are saying.

Anyway,

....that day I walked in to fill out an application on computer at Target. There were most of the most stupidest questionnaires, I was like uh wtf? some of those questions is not even that important at all, why ask? :ugh: There were 60 questionnaires, I would say 20 out of 60 are good questionnaire that I don't mind to answer.


That was a psychological evaluation. I personally do not agree with the stores putting those evaluations on their applications. That brings up a new question: Are Deaf and Hearing people's psychology the SAME? And what's the Deaf's benefit for the evaluations?
 
Deaf258 said:
That was a psychological evaluation. I personally do not agree with the stores putting those evaluations on their applications. That brings up a new question: Are Deaf and Hearing people's psychology the SAME? And what's the Deaf's benefit for the evaluations?
Yes, it's a psychological evaluation of some kind. It's also a trick to see if you're really paying attention. I've taken those tests many times before. If you read the questions carefully, you'll notice that some of the questions are rephrased but actually ask the same thing. They do that to see if you paid attention. "You easily get mad." "True" "You never get mad." "True" BUSTED! I've already spoken with several human resources department at several places and they tell me that this is one of the reasons why they ask so many questions. Half of it are real questions while the rest are to see if you are paying attention.
 
U know the scary part of an application and questions they also give u a form to do a fingerprint from the police dept. and they check ur background.. Its not that I m scared of it just felt weird doing it .. like i broke a law or something... But the funny thing is one lady at my old job stated to me that she didnt have to do a fingerprint check up... cuz she was 65 yrs old is that right? It shouldnt matter of age to do a fingerprints even if u are older....
 
Cheri said:
U know the scary part of an application and questions they also give u a form to do a fingerprint from the police dept. and they check ur background.. Its not that I m scared of it just felt weird doing it .. like i broke a law or something... But the funny thing is one lady at my old job stated to me that she didnt have to do a fingerprint check up... cuz she was 65 yrs old is that right? It shouldnt matter of age to do a fingerprints even if u are older....

Fingerprinting usually is done for safety reasons. All teachers and school employees are supposed to do fingerprinting once a year to make sure the kids will be safe. I am sure fingerprinting is also done for jobs like at nursing homes and/or jobs dealing heavily with money.
 
Cheri said:
No reason for the Boss to not have u run the cash register....The deaf person should be able to do the most important parts of the job without assistance. Employers should change a job whenever possible to allow a deaf or hearing impaired person the opportunity to do the job. If answering the phone is one small part of the job and you can do the other parts of the job by yourself, your employer should assign the phone duties to someone else.But other than that nothing wrong with having deaf people use the cash register. That is discriminated!
You can go to www.eeoc.gov which is Equal Employment Opportunity Commission u can call through tdd which the number is (800)669-6820 they will be able to tell u what to do where to go... Hope this helps and good Luck!


All right thank you very much for the number and address. I will find out what I can do with those. Thanks!
 
Levonian said:
I can see that you’re just trying to play devil’s advocate here, and there’s nothing wrong with that. Jumping to conclusions is the hallmark of an inferior mind. Intelligent people consider all possible explanations for an occurrence before deciding how to respond. But there is overwhelming evidence to at least support the conclusion that sethmantooth was fired because he is deaf. Assuming that everything that sethmantooth said in his first post is true, I can see no outstanding reason why he should have been fired. He claims that he worked aggressively, was well liked by his coworkers, and that it was the middle of the Christmas rush.

Not once did management investigate Sethmantooth’s claims of harassment, despite his repeated complaints. But as soon as that bitch went crying to management that he flipped her off, he was fired in a flash. Intuitively, it just seems fishy to me. But I’ll wait until sethmantooth consults with legal council and reports back here before I draw any firm conclusions. Bear in mind, though, that Target has a demonstrated history of workplace ADA violations. If I had to bet money on it, I would wager that his deafness was the sole reason that he was fired. Or, more exactly, he was fired because he made an issue out of being harassed about his deafness. I still think that sethmantooth has a good case, and I’m interested in finding out what happens in court.


Right I did flipped but I told Target that I DIDNT and they had NO EVIDENCE that I did not even on video camera. I asked them to check on it and they said they did and cant see me did it or not. So they have NO EXCUSE to fired me WITHOUT any evidence. Same as court required the evidence and witnesses to win. So I can sue Target that they try to find the trouble on me to fired me. They had no evidence that I flipped. So the court wont count on Target without their evidence. I will have evidence from Target's bad history with ADA and deaf people. I have evidence that there was no trouble with my 30 people I worked with in my team. Which mean I am no problem person if I worked with 30 people in my team with NO COMPLAINT from my team!!! Also normal job dont fired for very first flipped. They normally give the warning at first to make sure that the person dont do it again because they dont have any evidence. Why didnt they do ANY TROUBLE to that woman for mocking at me as deaf cant speak and refused do the writing communication? Target already had that on video camera about her and DID NOTHING TO HER!!! She gave me UGLY face fascial with ugly mouth mocking that I cant speak. I told them everything about that. They did NOTHING TO HER!!! She STARTED with everything! The starter is the worst! Like that flip would NEVER happened if she didnt mock at me as deaf. I told Target that. Still the same answer!
 
VamPyroX said:
What I am trying to say is that just because something bad at your Target doesn't mean it happens at all the Targets. I have friends who hear these stories and immediatly reject the idea of applying for a job at their local Target. They have this belief that if it happens at one Target, it happens everywhere. I'm saying that it's probably just your Target, meaning the situation should be dealt there only.


Right it doesnt happen at all Target. But it happen at LOT OF TARGETS!!! Dont you see many complaint from other users about problems with Targets? I have heard problems with Target with deaf people ALL THE TIME. I RARELY heard any problem with Wal Mart with deaf people. I always heard positive about Wal Mart treating deaf people. Like there are lot of reply from USER said they are happy at Wal Mart. That must means Wal Mart treat people much better. Like for example Wal Mart are very respectful to handicapped people. I have seen lot workers with no legs, walking problems, deaf, etc work at lot of Wal Mart. I have NEVER seen any of those kind of handicapped people work at Target except deaf people but very popular deaf people got into trouble with Target not Wal Mart.

So if the owner of all Target heard the problems with that Oklahoma City Target and lost at the court. Then that owner might get MAD at that people at Target for fired at me and got into trouble to make Target sound more bad. Then the owner might want to do something to them as fired them or something like that. That would be fun to watch that happen. I am going to try to get that to happen. Kick that people's ass and TEACH THEM LESSON TO RESPECT/HONOR DEAF PEOPLE AS EQUAL!!!
 
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VamPyroX said:
I can see what you're trying to say. I agree with you... we should wait and let him deal with it on his own time. I've seen a lot of complaints from my friends and it wasn't just Target. Some of the complained about Wegmans, Walmart, SAM Club, etc. They have this quick assumption that if it happens to one, it happens to all. When I made that post, I was trying to use the psychological test that some people are giving. It helps to understand how they connect things. Some people misunderstand some of those statements. Here are some: Snowball scratched and cut my finger. Snowball is my cat. Therefore, all cats will scratch me. - I hate Dominoes. Dominoes is a pizza place. Therefore, I hate all pizzas.

Those are two examples of false assumptions that people make. A good assumption would be: I hate Dominos. Dominos is a pizza place. Therefore, I might like Papa Johns or Pizza Hut. - Snowball scratched me. Snowball is a cat. Therefore, other cats might not scratch me.

No, it's not just Target that seems to have this problem. There are other companies that have this problem too. It's the media that exposes this problem that makes people think or assume wrong. I recently did some research on an issue similar to this. From what I've researched, it's the minority group that recognizes itself as a problem. A white man is fired from work and a black man hears about it. That black man isn't gonna care. A black man is fired from work and another black man hears about it. That black man is gonna get suspicious and raise concerns about it. A child is neglected by parents. Deaf people read it and think it's bad. A deaf child is neglected by parents. Deaf people read it and are outraged. Why? Blacks identify themselves and go in defense mode with another of the same. Deafs are like that too.

I see it happen here at RIT/NTID all the time. A hearing student fails the class. Deaf students hear it happen and don't care much about it. A deaf student fails the class. Deaf students hear it happen and get upset with accusations that the teacher hates the student cuz he or she is deaf.

I know that this sounds like I'm against you or everyone on the Target issue. Maybe Target does have a problem, but I know it isn't just Target. Other companies do the same and we shouldn't jump to conclusions with them like that. If we were to jump to conclusions every time this happened, almost every company in the United States would be sued like this.

Of course, I would be interested in seeing what happens to this situation. Let me know what happens. :thumb:

Yeah I know all companies have problem with deaf people everywhere in USA. But Target is the MOST FAMOUS company I have heard problem with deaf people and warning from deaf people ALL THE TIME!!! I dont hear much problem with other companies everywhere. I have heard problem with Target from lot of deaf people in FEW STATES!!! I have heard some who live in Arizona, California, Utah, and Oklahoma. They all told me about Target's problems. That is truly popular problem with Target in USA.

Sure no problem. It will be VERY EASILY for me to announce the history about what happen if I WON the case against Target. Because if I WON then lot of deaf can start sue Target with their OWN CASE everywhere in USA. It will be MUCH EASIER for them to win their case against Target if they have evidence PLUS history from mine and other with ADA. That will add lot of trouble into Target and destroy them a lot for NO RESPECT to deaf people. We want to PROVE that deaf people have POWER TOO not only hearing people.
 
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you are surely welcome sethmantooth *smile*
 
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