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HOME DEPOTs Deaf Policies are PER SE VIOLATIONS of Americans With Disabilities Act (ADA)"
DEAF Demand Parity, Not Charity
EEOC rules Home Depot violated Deaf Employees, Deaf Employees take legal action
PRESS RELEASE: Deaf person sues Home Depot for disability discrimination: EEOC says Per Se Violations and Retaliation
For immediate release
CONTACT INFO: Zan Thornton, Advocate, G.R.E.A.T. D.A.Y. Inc. (678) 358-9540 or (404) 378-8553 v/tdd
Tamara Rorie, Attorney at Law, (404) 298-0108
Atlanta, Georgia. U.S. Equal Employment Opportunity Commission (EEOC) director Bernice Williams-Kimbrough acknowledged in their determination letter that:
[Home Depot] admits that it has a written policy of excluding deaf employees...this investigation disclosed (to Home Depot) at least two potential reasonable accommodations ... [Home Depot] failed to show that [they] considered or implemented potential accommodations...[they also failed] to provide [Mr. Nix] the same opportunity and access as his co-workers ... moreover [Home Depots] 'blanket exclusion of deaf employees...is a per se violation of the ADA ... the investigation establishes violations of the ADA and...retaliated against [Mr. Nix]." 1
G.R.E.A.T. D.A.Y., Inc. and Tamara Rorie, an attorney representing Mr. Nix and others, filed the first lawsuit in Atlanta 's Federal court, pursuant to the Americans with Disabilities Act of 1990 (ADA). Attorney Rorie citied, Home Depots failed to provide reasonable accommodations by way of interpreters, closed captioning for training videos, etc. and repeatedly subjected Mr. Nix to several discriminatory employment practices such as drastically reducing his hours and removing his name from the part-time schedule for months." 2
The lawsuit was filed after numerous attempts were made by EEOC, mediation, conciliation, advocates, and by the plaintiff to rectify the situation. The lawsuit seeks that Home Depot changes its policies and provide reasonable accommodations for its disabled/deaf employees.
The plaintiff, Mr. Nix, emphasized, I asked them [Home Depot]... give me a chance to train. That's all I was asking for was just a chance. And they said no; they had to follow the policy ." 3 Home Depot admits having a policy and refusing to provide Mr. Nix training such as operating lift-equipment, although Mr. Nix was already certified by a federal agency. Even OSHA gives us a fair chance," Mr. Nix stated referring to a an OSHA technical assistance letter from January 26, 1998 stating:
OSHA believes an employers duties... are consistent ...under the ADA...OSHA would encourage employers to explore reasonable accommodations..."
Mr. Nixs job reviews were very good to excellent until after he filed his complaints. His reviews confirmed: very safety conscious", communicates well with consumers" follows instructions well, and real asset to Home Depot". Yet earlier this year, Home Depot 'constructively discharged Mr. Nix for 'not needing him while they were frantically hiring new people at that same store!
The disability/Deaf communities will no longer accept crumbs, charity, or discrimination-but demand to have parity: equal access, rights, and responsibilities of our citizenship," proclaimed Zan Thornton, Mr. Nixs other advocate and co-owner of G.R.E.A.T. D.A.Y. Inc.-Georgia Resources for Education, Advocacy, and Treatment of Deaf Adults and Youth Inc., a resource center for Deaf/hard of hearing and others with disabilities. Zan and Jeff are proud members of ADAPT, a national disability rights group.
| | - Nix reasonably requested accommodations to remove the attitudinal and physical barriers that isolate people with disabilities from reaching their full potentials. Home Depots policies illustrate civil rights violations and segregation of people with disabilities including deafness. Their policies imply hearing only" like whites only" did in the 1950s. We should not tolerate ANY discrimination and work together to end able-ism, racism, homophobia, sexism, and all other forms of oppression."
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Bob Nardelli, the CEO of Home Depot, Inc. has made not comments to date. In 1998, he was the CEO of General Electric (GE) and settled a similar case brought by The National Association for the Deaf (NAD) Law Center, EEOC, and Michael Hager, a deaf employee who requested training for lift equipment.
For more information, please contact Zan Thornton at G.R.E.A.T. D.A.Y., Inc. cell (678) 358-9540 or work (404) 378-8553 v/tdd or adaptgazan@mindspring.com or Attorney Tamara Rorie at (404) 298-0108 or tdrorie@earthlink.net
| | - EEOC Letter Dated August 29, 2001 RE: Charge # 110A00508 From Atlanta District Office (404) 562-6800 from Director Bernice Williams-Kimbrough.
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2 (2) Pl. Dep. Pg. 127-1 to 130-16; 199, 204-2-6. Exhibit 16;Pl. Dep. at 94, 112-13; Pl. Dep. Exs. 8, 12-13; Prince Affidavit
3 (3) Video Deposition of Jeffrey B. Nix p.67-5 to 18. Civil Action File No. 1:02-Cv-2292-MHS; May 6, 2003
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