DILLARD'S SUED FOR DISABILITY DISCRIMINATION

EEOC Says Retail Giant Requires Employees to Reveal Confidential Medical Information

SAN DIEGO – Dillard Store Services, Inc.  (Dillard’s), the nationwide chain of department stores, unlawfully discrimin­ates  against employees by requiring them to disclose personal and confidential  medical information or face disciplinary action including termination, the U.S.  Equal Employ­ment Opportunity Commission (EEOC) charges in a class lawsuit  filed under the Americans with Disabilities Act (ADA).

The EEOC states in the litigation  that the Dillard’s store in El Centro,  Calif., requires employees to  reveal the specific nature of their medical illness in order to deem necessary  sick leave as an excused absence. The EEOC contends this corporate policy,  potentially affecting thousands of workers, is an unlawful disability-related  inquiry under the ADA  and not justified by business necessity.  Dillard’s corporate headquarters is located in Little Rock, Ark.

In the lawsuit, the EEOC cites a sales  associate who was unable to attend work for a few days due to her medical  illness. Despite submitting a doctor’s  note justifying the need for sick leave, Dillard’s required the sales associate  to reveal the specific nature of her illness in order to have these absences  deemed excused pursuant to company policy. The sales associate openly objected  and refused to reveal the nature of her medical illness, informing Dillard’s  that its specific medical inquiry unlawfully invaded her right to privacy.  Nevertheless, Dillard’s deemed the sales associate’s absences as unexcused and  fired her in retaliation for refusing to disclose the requested medical  information.
 
“This case has national implications and  illustrates one of the reasons why the ADA  prohibits employers from subjecting employees to disability-related inquiries  not justified by business necessity,” said EEOC Regional Attorney Anna Park of  the agency’s Los Angeles District. “The ADA’s prohibition of  disability-related inquiries was enacted to protect employees from being  subjected to harmful and unfounded stereotypes on the basis of a perceived or  actual medical illness.”

The EEOC filed the suit in U.S. District Court  for the Southern District of California after first attempting to reach a  voluntary settlement (U.S. EEOC v. Dillard’s, Inc., et al, Case No. 08-CV-1780). The EEOC seeks compensatory and punitive  damages and injunctive relief.

San Diego  Local Acting Director Raul Green said, “Employers need to be aware that the  EEOC will vigorously enforce the ADA  to ensure that employees are free to exercise their rights. Employees should not have to worry that this  very sensitive, private and potentially harmful information will be used by the  employer against them to unfairly exclude them from jobs that they could  otherwise perform.”
  According to its web site, www.dillards.com, “Dillard's,  Inc. ranks among the nation's largest fashion apparel and home furnishings  retailers with annual revenues exceeding $7.7 billion. The Company operates  approximately 330 Dillard's locations spanning 29 states, all with one  nameplate - Dillard's.”
  The EEOC is  responsible for enforcing federal laws prohibiting employment dis­crim­ination  based on race, color, gender (including sexual harassment and pregnancy),  religion, national origin, age, disability and retaliation. Further information about the EEOC is  available on its web site at www.eeoc.gov.