Dillard’s to Pay $2 Million to Settle Class Action Disability Discrimination Lawsuit by EEOC. LOS ANGELES -Dillard’s Inc., a national retail chain, will pay $2 million and commit to extensive, company-wide injunctive relief to settle a class action disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. At issue was Dillard’s longstanding national policy and practice of requiring all employees to disclose personal and confidential medical information in order to be approved for sick leave. The settlement also resolves claims that Dillard’s terminated a class of employees nationwide for taking sick leave beyond the maximum amount of time allowed, in violation of the Americans with Disabilities Act (ADA).
The EEOC originally filed its lawsuit in 2008 in the U.S. District Court for the Southern District of California (EEOC v. Dillard’s, Inc., et al, Case No. 08-CV-1780), on behalf of Corina Scott, a former cosmetics counter employee at a Dillard’s store in El Centro, Calif., and others who were required to disclose the exact nature of their medical conditions to be approved for sick leave since 2005.
The parties entered into a three-year consent decree requiring Dillard’s to pay $2 million to identified victims and establish a class fund for currently unidentified victims who also suffered similar discrimination during the relevant time period. Any person who worked at a Dillard’s store (other than the El Centro store) between August 16, 2005, and August 15, 2009, and believes they were affected by the policy can go to www.dillardeeocsettlement.com, email dillards.settlement@eeoc.gov, or call (213) 894-1032 for more information on how to complete a claim form and potentially collect a monetary award as part of the settlement. Also, any person who worked at any Dillard’s store and believes they were terminated after May 28, 2008 for taking too much leave may also visit the website or call the phone number for more information on the claims process.
The EEOC is the federal agency that enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.