[blindlaw] EEOC Press Release about Arizona lawsuti involving blind individual

[Nightingale, Noel]

FOR IMMEDIATE RELEASE           CONTACT:        Mary Jo O'Neill, Regional Attorney
January 12, 2009                                                (602) 640-5044
                                                                David Lopez, Supervisory Trial Attorney
                                                                (602) 640-5016
                                                                Diana Chen, Trial Attorney
                                                                (602) 640-5033
                                                        TTY:   (602) 640-5072

AUTOZONE SETTLES DISABILITY
DISCRIMINATION CASE WITH EEOC
 EEOC Says Visually Impaired Employee Not Allowed to Bring
Guide Dog to Work

PHOENIX - AutoZone, Inc. will pay $140,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC had charged in its suit (Case No. CV06-1767-PCT-PGR in U.S. District Court for the District of Arizona) that AutoZone violated the Americans With Disabilities Act (ADA) by refusing to permit Chad Farr, a visually impaired employee at its Cottonwood, Ariz., store, to use a guide dog.  The EEOC also charged in the suit that AutoZone denied Farr a promotion to parts sales manager, for which he was qualified, because of his visual impairment, and then effectively terminated his employment by failing to permit him to return to work with his guide dog.

"People with disabilities are an untapped resource that employers should utilize," said EEOC Phoenix District Director Chester V. Bailey.  "Many disabled persons are qualified, ready and willing to work -- all they need is an equal opportunity.   Employers must remember that disability does not mean inability.  We are proud of our legal staff, David Lopez and Diana Chen, who prosecuted this case."

EEOC Regional Attorney Mary Jo O'Neill added, "This case involves a large, well known employer who denied a basic accommodation to a qualified employee with a disability due to myths, fears and stereotypes.  AutoZone ignored Chad's abilities, to his need for the accommo¬dation of his guide dog, and to his federally protected rights.  People with vision impairments can successfully perform a wide range of jobs and can be very dependable workers.  Mr. Farr's request to bring his guide dog to work would have allowed him to perform his job and should have been granted."

The consent decree settling the suit requires AutoZone to conduct training on the ADA for the entire state of Arizona and to modify its EEO policies and procedures.  AutoZone is permanently enjoined from discriminating on the basis of disability and must post a notice about ADA rights in its Cottonwood store.

In October 2005, the EEOC issued a question-and-answer document on the application of the ADA to people in the workplace who are blind or who have vision impairments.  The publication is available on EEOC's web site at http://www.eeoc.gov/facts/blindness.html.

The document notes that estimates vary as to the number of Americans who are blind and visually impaired. According to one estimate, approximately 10 million people in the United States are blind or visually impaired.  Other estimates indicate that one million adults older than the age of 40 are blind, and 2.4 million are visually impaired.  Over the next 30 years, as the baby boomer generation ages, the number of adults with vision impairments is expected to double.  Recent figures also indicate that only 46% of working-age adults with vision impairments and 32% of legally blind working-age adults are employed.

Chad Farr said, "This is a proud day not only for me, but for everyone who has suffered disability discrimination.  The failures of this company to recognize the strengths and abilities of people with disabilities end today.  People like me are just as capable of performing our duties as anyone without a physical impairment -- and maybe better, because we have to prove ourselves each and every day, so we try that much harder.  I fought tooth and nail for five years not for me but for every single person wronged by this company.  I want to thank the hard work and dedication to justice by the EEOC and the Vaughn Law Office.  If not for them, this day would not have been a victory for every current and future disabled employee of AutoZone."

Title I of the ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.  The ADA covers employers with 15 or more employees, including state and local governments.

Memphis, Tenn.-based AutoZone identifies itself as "the nation's leading retailer of automotive parts and accessories with over 3,700 stores" in the United States, Puerto Rico, and Mexico.

The EEOC is responsible for enforcing federal laws prohibiting employment discrimin¬ation.  The EEOC's Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming, and part of New Mexico (including Albuquerque).  Further information about the EEOC is available on its web site at www.eeoc.gov.
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