EEOC claims Toys 'R' Us discriminated against deaf job applicant

[Smithtr]

The U.S. Equal Employment Opportunity Commission sued Toys "R" Us, alleging the company broke the law when staff at its Columbia store refused to provide a sign-language interpreter for a job applicant who is deaf.

The lawsuit, filed last week in U.S. District Court in Baltimore, says the retailer discriminated against the woman, Shakirra Thomas, after she applied for a position at the store in 2011. It alleges the company violated the federal Americans with Disabilities Act, which requires employers to provide "reasonable accommodations" for job applicants and workers with disabilities.

In a statement, EEOC District Director Spencer H. Lewis said employers must reasonably accommodate disabled applicants during interviews, unless doing so would be "a significant difficulty or expense."

"Given the size and resources of Toys 'R' Us, it is difficult to understand how it would have been an undue hardship for such a large retailer to provide an interpreter when asked to do so," he said.

A Toys "R" Us spokeswoman declined to comment, citing the pending litigation.

According to the complaint, Thomas is deaf and communicates through American Sign Language, reading lips and written words. In October 2011, she applied for a "team member" position at Toys "R" Us, and the store contacted her by phone to invite her to a group interview that November. Her mother told the store that Thomas is deaf and requested a sign-language interpreter for the interview.

The store said Thomas could attend the interview but would have to provide her own interpreter, the lawsuit says. Her mother attended and interpreted for her.

Later, her mother contacted the store on Thomas' behalf to check the status of her application, but got no response. The lawsuit alleges Thomas could perform the duties of the job but the store did not hire her because she is deaf.

The EEOC filed the lawsuit after it tried to reach a settlement with the company, officials said. The lawsuit seeks a court order requiring Toys "R" Us to carry out policies ensuring that people with disabilities do not face discrimination in the hiring process, as well as unspecified compensation for Thomas.

Advocates for people with disabilities say the lawsuit brings to light a common experience for many who are looking for work.

"This case is an example of one reason why unemployment of people with disabilities is so much higher than people without disabilities," said Lauren Young, director of litigation at the Maryland Disability Law Center. "Because people aren't given a fair shot."

She said employers might make incorrect guesses about a person's abilities and what it would take to accommodate the employee.

"It sounds like they didn't even bother to find out and just made an assumption," she said of the Toys "R" Us case.

The National Association of the Deaf, based in Silver Spring, gets "numerous complaints" similar to the one described in the lawsuit, said CEO Howard Rosenblum.

"The Americans with Disabilities Act has been law for nearly 23 years, and there is no excuse for failing to provide communication access or refusing to hire deaf and hard-of-hearing individuals," Rosenblum said in an email. "Like everyone else, deaf and hard-of-hearing people want to work, and employers need to just give us a chance to prove our skills."

EEOC claims Toys "R" Us discriminated against deaf job applicant - baltimoresun.com

 

[dereksbicycles]

Not very wise to bring your own Mom to interpret. It imply that person depends on Mom. Would have done better paying for interpreter, but who wants to do that?

 

[Bebonang]

What choice would a Deaf job applicant do if the retailer or interviewer said that she has to get her own interpreter? Most companies always refuse to provide an interpreters for Deaf job applicants. I get rejected many times over. No interviewer did not want to give me a try at the job. The retailer company is discriminated and ignored ADA including the Deaf. That is why we need to educate them about our Deafness/Hard Of Hearing. No wonder we get frustrated over this job that we were hoping to get a job but ended up being rejected because of our deafness. No wonder we all get mad at the hearing society. **sigh**

 

[Foxrac]

Not very wise to bring your own Mom to interpret. It imply that person depends on Mom. Would have done better paying for interpreter, but who wants to do that?

Yes, use families as interpreter is obviously conflict of interest.

 

[rockin'robin]

Well, it seems to me the lady really wanted to work and get the job....Not all deafies want to sit back and live off the government and people's taxes....Perhaps she could not afford to pay for an intrepretor....

The more I hear about things like this happening, the angrier I become...It's damn if you do and damn if you don't situation....

 

[diehardbiker]

Yes, but I am seeing the real problem. Really it is not somebody at fault. I don't see any fault, even if it is discrimination.

I don't want to repeat here that I post other thread. The real problem is standardize use of specific sense as communication method. It came naturally for centuries, and I see it impossible to change completely but hopefully someday, we find common solution. Go ahead read that post. I am thinking whether I should Vlog on this one because it is much harder to explain using inaccurate English and Deafies may not understand while Hearing people may not understand too. I never had Vlog in the past so I am not sure yet.

Well, it seems to me the lady really wanted to work and get the job....Not all deafies want to sit back and live off the government and people's taxes....Perhaps she could not afford to pay for an intrepretor....

The more I hear about things like this happening, the angrier I become...It's damn if you do and damn if you don't situation....

 

[caz12]

i seeing it from both sides,taking your mother to sign for you could be showing confidence issues on the otherhand this kid and mother desperate to get kid a job..maybe trial period no mother about....you really are dammed if do or not...i got disabled daughter(Downs)i know her capabilities are better than percieved to be,i taken her to interviews but each time they say we love to employ her but it insurence issues...my two deaf signing friends two young boys had no trouble getting job in fact all the staff there want learn sign for these boys it been encouraged..
all these big firms should give disabled person a chance they find they got hard worker most disabled people want and need to work...not saying you should take one on just for sake of it ...see abilities and use common sense