RomanR/Shutterstock.comParaplegic Man Gains $85,000 Settlement on Hiring Denial
The applicant says he was told the company wasn't hiring, but his mother, sister and future brother-in-law were told there was openings in the next few days.
October 14, 2019 at 01:22 PM
2 minute read
LABOR AND EMPLOYMENT
US DISTRICT COURT, JACKSONVILLE
John Sumner, a paraplegic who uses a wheelchair, applied for a sales associate job at a PacSun clothing store in St. Augustine. He said a manager told him the store wasn't hiring. His mother, sister and future brother-in-law were told the store was hiring and obtained applications in the next few days. Sumner claimed he was a victim of disability discrimination, and the Equal Employment Opportunity Commission sued on his behalf.
The defense maintained it wasn't hiring new employees when Sumner was looking and said he wan't qualified for a sales associate position because he is unable to climb a ladder and reach merchandise on high shelves.
Under a consent decree, PacSun agreed to pay Sumner $85,000 for lost wages and emotion distress. The company also agreed to redistribute and revise its anti-discrimination policy and provide mandatory anti-discrimination training for employees and managers.
Case: Equal Employment Opportunity Commission v. Pacific Sunwear of California
Case No.: 3:18-cv-00863
Plaintiffs attorneys: Robert L. Adler and Kimberly A. Cruz, Equal Employment Opportunity Commission, Miami
Defense attorneys: Nancy A. Johnson, Orlando, and Kevin M. Kraham, Washington, Littler Mendelson
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