Thursday, February 21, 2013

Judgment Against AutoZone Affirmed

The U.S. Court of Appeals for the Seventh Circuit has affirmed a $424,000 judgment (including $9,000 in costs) against AutoZone, Inc. for violating the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission (EEOC) announced today. The decision also upholds an injunction requiring the national auto parts retailer to provide reasonable accommodations to employees with physical disabilities in all of its stores in central Illinois.

The EEOC filed suit (EEOC v. AutoZone, Inc., Civil Action No. 07-cv-1154) in U.S. District Court for the Central District of Illinois in 2007, after first attempting to reach a pre-litigation settlement through its conciliation process. At trial, the EEOC presented evidence that the company's managers insisted that Parts Sales Manager John P. Shepherd III mop floors at the end of the day, an activity that aggravated Shepherd's back impairment and caused intense pain. As the Court of Appeals recounted, "Shepherd's store manager called him a good salesman who could 'sell ice cubes to an Eskimo,' and noted that customers would specifically ask for Shepherd's assistance. As a result, Shepherd averaged the highest sales per customer among the employees at his store in 2003." The EEOC presented evidence that despite repeated requests from Shepherd and his doctor, company officials refused to eliminate the mopping assignments, eventually causing serious injury.

The ADA requires that employers make reasonable accommodations to the known physical limitations of employees with disabilities. Such accommodations may include the elimination or modification of a non-essential job duty, or the transfer of a non-essential job duty to another employee.

On June 3, 2011, a federal jury in Peoria, Ill., awarded $100,000 in compensatory damages for physical and emotional pain and suffering. The jury also awarded $500,000 in punitive damages for what the trial judge described as "total and knowing disregard for the underlying purpose of the ADA." The judge later reduced the punitive damages award to $200,000 to comply with a statutory limit on damages, but added $115,000 in lost wages. AutoZone was assessed $9,000 in litigation costs.

To read the full article, click here

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.