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Equal Employment Opportunity Commission v. Family Dollar Stores of Michigan, LLC

United States District Court, E.D. Michigan, Southern Division

November 6, 2019

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
FAMILY DOLLAR STORES OF MICHIGAN, LLC Defendant.

          EQUAL EMPLOYMENT OPPORTUNITY COMMISSION NEDRA CAMPBELL (P58768) Patrick V. McNamara Federal Bldg.

          FAMILY DOLLAR STORES OF MICHIGAN, LLC MAURICE G. JENKINS (P33083) EMILY M. PETROSKI (P63336) JACKSON LEWIS, PC

          CONSENT DECREE

          MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.

         The Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) instituted this action against the Defendant, Family Dollar Stores of Michigan, LLC (the “Defendant”) pursuant to Title I of the Americans with Disabilities Act (ADA) of 1990 and Title I of the Civil Rights Act of 1991 alleging unlawful employment practices based on disability and to provide relief to the Charging Party, Dennis Credit. Defendant denies that it discriminated against Dennis Credit on the basis of his disability, or otherwise violated the ADA. The Commission and Defendant agree that this action should be resolved by entry of this Consent Decree.

         This Consent Decree shall be a final and binding settlement in full disposition of all claims raised in the complaint filed by the Commission in No. 2:18-cv-13030. It is therefore the finding of this Court, made on the pleadings and record as a whole, that: 1) the Court has jurisdiction over the parties and subject of this action; 2) the purpose and provisions of the ADA will be promoted and effectuated by entry of this Consent Decree; and 3) this Consent Decree resolves all issues raised by the Commission's complaint in this case as provided below. It is hereby ORDERED, ADJUDGED AND DECREED:

         MONETARY RELIEF

         1. Within 15 business days from entry of this Consent Decree, and receipt of a W9 and W4 for Dennis Credit, whichever is later, Defendant shall pay Dennis Credit the total sum of $25, 000.00. Of this monetary payment, $9, 980.54 shall be considered back pay, and $15, 019.46 shall be considered compensatory damages. Defendant shall issue a W-2 for the amount designated as back pay, less appropriate taxes and withholdings, and a 1099-MISC for the remaining amount, in the ordinary course of business. Defendant shall not deduct the amount of the employer's share of any costs, taxes, or social security payments required by law to be paid by the Defendant. Payment of the back pay and compensatory damages shall be mailed to Dennis Credit at the address provided by counsel for the Commission. A copy of each check shall be mailed to Kenneth L. Bird, c/o Nedra Campbell, Trial Attorney, EEOC, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226 and shall also be sent via email to monitoring-eeoc-indo@eeoc.gov.

         NON-DISCRIMINATION AND RETALIATION

         2. Defendant shall not refuse to hire an individual because of a disability and shall comply with all requirements of the ADA, as amended.

         3. Defendant shall not retaliate against any employee because s/he: (i) opposes discriminatory practices made unlawful by the ADA; (ii) files a charge of discrimination or assists or participates in the filing of such a charge; or (iii) assists or participates in an investigation or proceeding brought under the Federal laws prohibiting discrimination or retaliation.

         TRAINING

         4. Within ninety (90) days after the Consent Decree has been entered by the Court, Defendant shall provide mandatory training to the Regional Human Resources Manager(s) with responsibility for the district that Store #8780 is in, as well as all store managers, and district managers, within the same district as Store #8780. This training will focus on the requirements of the Americans with Disabilities Act of 1990, as amended and include scenarios relevant to the workplace. In addition, for the duration of this Decree, this training shall be provided to each new employee promoted to or hired as a store manager or district manager for a store in the same district as Store #8780 within ninety (90) days of being hired or promoted.

         5. The training will include information regarding the meaning of anindividual with a “disability” under the ADA, the Defendant's duty to make hiring decisions based on qualifications, rather than its fears and stereotypes about a disabled applicant, the duty to provide a reasonable accommodation to qualified individuals with a disability, and the duty to make an individualized assessment of any qualified individuals with a disability in determining whether the employee can perform the essential functions of a job with or without a reasonable accommodation. The training shall also include scenarios regarding applicants with a visible impairment or who inform Defendant during the hiring process that s/he is disabled. Within 120 days after the Consent Decree has been entered by the Court, Defendant will provide the Commission with a certification that such managers and human resource personnel have been trained. This information shall be provided to Kenneth L. Bird, Regional Attorney, c/o Nedra Campbell, Trial Attorney, EEOC, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226 via regular mail and shall also be sent via email to monitoring-eeoc-indo@eeoc.gov.

         NOTICE ...


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