In November 2004, the EEOC's Chicago District Office filed suit in United States District Court, Northern District of Illinois, against Sears Roebuck and Company, alleging a violation of the Americans with Disabilities Act. According to the complaint, Sears Roebuck failed to live up to its obligations under the ADA to make reasonable accommodations when it enacted an inflexible company policy mandating a maximum of one year leave time and refused to grant exceptions for employees with disabilities.

Sears Roebuck moved to dismiss the case, but the motion was denied. On March 14, 2008, the parties notified the court that they would participate in mediation. The parties held settlement discussions while still undergoing discovery, and advised the court in the summer of 2009 that they had reached a settlement.

On September 29, 2009, Judge Wayne R. Andersen signed an order approving a consent decree. The consent decree required Sears to make payment to individual claimants from a $6.2 million Qualified Settlement Fund, prohibited it from discriminating against employees by not providing reasonable accommodations and from retaliating against employees who made allegations of discrimination, and required it to provide training to human resources personnel. The order also required Sears to post notice of the decree to its employees, and required detailed record keeping and reporting. Finally, the order required revision of Sears’ workers compensation policies. Each party bore its own costs and attorneys’ fees.

The consent decree lasted for three years, and the matter appears to be closed.

Jason Chester - 05/23/2008
Alexandra Gilewicz - 03/25/2018


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