Case: NY v. JCPenney, Century 21, and Petland (out of court)

NA | No Court

Filed Date: May 22, 2012

Clearinghouse coding complete

Case Summary

On May 22, 2012, New York Attorney General Eric Schneiderman (the AG) announced three settlements negotiated out-of-court by the AG's Office between the State and Century 21 department stores, JCPenny, and Petland Discounts. The settlements were reached to ensure equal access to the businesses for people with disabilities. The Clearinghouse has not obtained these settlements, but according to a press release issued by the AG's Office, each of the businesses agreed to: "retain an independent ADA…

On May 22, 2012, New York Attorney General Eric Schneiderman (the AG) announced three settlements negotiated out-of-court by the AG's Office between the State and Century 21 department stores, JCPenny, and Petland Discounts. The settlements were reached to ensure equal access to the businesses for people with disabilities. The Clearinghouse has not obtained these settlements, but according to a press release issued by the AG's Office, each of the businesses agreed to: "retain an independent ADA compliance consultant ... to assist with the implementation and enforcement of the agreements; [to] conduct a survey of every store located in New York to identify changes necessary to achieve compliance with state and federal accessibility standards; [to] conform all elements of each store that deviate from state and federal accessibility laws; [to] train employees on the requirements of the Americans with Disabilities Act and on the protocols used to afford people with disabilities equal access to the goods, services, and accommodations afforded to people without disabilities; and [to] certify that all new construction complies with state and federal accessibility laws and standards."

The retailers agreed to pay a total of $120,000 to New York "to resolve the investigations."

The Clearinghouse has not further information about the agreements.

Summary Authors

Alex Colbert-Taylor (7/16/2013)

People


Attorney for Plaintiff

Schneiderman, Eric T. (New York)

Attorney for Plaintiff

show all people

Documents in the Clearinghouse

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 22, 2012

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Negotiated out-of-court settlements between Attorney General of New York, on behalf of disabled New Yorkers, and Century 21 department stores, JCPenny, and Petland Discounts, requiring the businesses to comply with the ADA.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Century 21 Department Stores (Secaucus), Private Entity/Person

JCPenney (Plano), Private Entity/Person

Petland Discounts (Brentwood, Suffolk), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Special Case Type(s):

Out-of-court

Available Documents:

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $120,000

Order Duration: 2012 - 0

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Goals (e.g., for hiring, admissions)

Issues

General:

Access to public accommodations - privately owned

Buildings

Failure to train

Retail Shopping

Disability and Disability Rights:

disability, unspecified

Discrimination-area:

Disparate Impact

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Non-government for-profit