Kmart Agrees To $13 Million Disability Settlement
Carrie Anne Lucas, Debbie Lane and Julie Reiskin all have a couple things in common. Despite their various debilitating conditions, they have led productive, mobile lives thanks to their wheelchairs. All three also encountered difficulties shopping at Kmart stores because of aisles blocked by merchandise, limited parking spaces for the...
March 17, 2006 at 09:20 AM
3 minute read
The original version of this story was published on Law.com
Carrie Anne Lucas, Debbie Lane and Julie Reiskin all have a couple things in common. Despite their various debilitating conditions, they have led productive, mobile lives thanks to their wheelchairs. All three also encountered difficulties shopping at Kmart stores because of aisles blocked by merchandise, limited parking spaces for the disabled and inaccessible checkout lines. In 1999, the three women filed a class action against Kmart, alleging the retail giant violated the ADA by failing to provide adequate access to disabled shoppers.
On March 13, Kmart agreed to settle the allegations for $13 million. Although the agreement is still awaiting approval from the U.S. District judge in Denver, many legal experts are calling the settlement the largest payment ever in a disability discrimination case.
As part of the settlement, Kmart will pay $8 million in cash and $5 million in gift cards, all of which will be distributed to plaintiffs in California, Colorado, Hawaii, Massachusetts, New York, Oregon and Texas.
Plaintiffs also requested injunctive relief to ensure Kmart renovates its facilities to comply with the ADA. Per the settlement, Kmart will have almost eight years to bring all stores nationwide into compliance for merchandise, counters, restrooms, fitting rooms and parking lots.
Carrie Anne Lucas, Debbie Lane and Julie Reiskin all have a couple things in common. Despite their various debilitating conditions, they have led productive, mobile lives thanks to their wheelchairs. All three also encountered difficulties shopping at Kmart stores because of aisles blocked by merchandise, limited parking spaces for the disabled and inaccessible checkout lines. In 1999, the three women filed a class action against Kmart, alleging the retail giant violated the ADA by failing to provide adequate access to disabled shoppers.
On March 13, Kmart agreed to settle the allegations for $13 million. Although the agreement is still awaiting approval from the U.S. District judge in Denver, many legal experts are calling the settlement the largest payment ever in a disability discrimination case.
As part of the settlement, Kmart will pay $8 million in cash and $5 million in gift cards, all of which will be distributed to plaintiffs in California, Colorado, Hawaii,
Plaintiffs also requested injunctive relief to ensure Kmart renovates its facilities to comply with the ADA. Per the settlement, Kmart will have almost eight years to bring all stores nationwide into compliance for merchandise, counters, restrooms, fitting rooms and parking lots.
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