University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name NY v. JCPenney, Century 21, and Petland (out of court) DR-NY-0002
Docket / Court NA ( No Court )
State/Territory New York
Case Type(s) Disability Rights-Pub. Accom.
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 ... read more >
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.

Alex Colbert-Taylor - 07/16/2013


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Goals and Timekeeping
Provide antidiscrimination training
Reasonable Accommodation
Defendant-type
Retailer
Disability
disability, unspecified
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - privately owned
Buildings
Disparate Impact
Failure to train
Retail Shopping
Plaintiff Type
State Plaintiff
Special Case Type
Out-of-court
Type of Facility
Non-government for profit
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
State law
Defendant(s) Century 21 Department Stores
JCPenney
Petland Discounts
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.
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2012 - n/a
Case Ongoing No reason to think so
Additional Resources
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Links Missouri P&A and Scaletty v. Carnahan
http://www.bazelon.org/missouri-pa-and-scaletty-v-carnahan/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Press Release: A.G. Schneiderman Secures Agreements With Century 21, JCPenney, And Petland Discounts To Ensure Equal Access For People With Disabilities
DR-NY-0002-0001.pdf | External Link | Detail
Date: 05/22/2012
Plaintiff's Lawyers Schneiderman, Eric T. (New York)
DR-NY-0002-0001

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