Safeway Will Rehire Store Clerk and Pay $27,000 to Settle EEOC Disability Discrimination Lawsuit

BALTIMORE - Safeway, Inc. will pay $27,000 in monetary damages and furnish significant equitable relief, including returning an employee to work, to resolve a federal disability discrimination lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced today. According to the suit, Patricia Bonds worked as a food clerk at Safeway's Westminster, Md., store when she sustained a work-related injury that substantially limited her in her lifting ability. Although Safeway initially accommodated Bonds' disability by reassigning her to work at the customer service desk, the store abruptly placed her on indefinite unpaid leave, claiming that she had exhausted her time limits for modified duty. EEOC charged that Safeway refused to observe its legal duty to provide a reasonable accommodation and then unlawfully fired Bonds because of her disability. The Americans with Disabilities Act (ADA) prohibits disability discrimination. The ADA also requires employers to provide a reasonable accommodation, including reassignment to a vacant position, unless it would cause a significant expense or difficulty to the employer. EEOC filed suit (EEOC v. Safeway Inc., Civil Action No. 1:15-cv-02955) in U.S. District Court for the District of Maryland, Baltimore Division, after first attempting to reach a pre-litigation settlement through its conciliation process. In addition to the $27,000 in monetary relief, the three-year consent decree resolving the suit requires Safeway to rehire Bonds with her continued seniority status and to provide her with a hand scanner or other reasonable accommodation to allow her to perform the food clerk job duties. Safeway is enjoined from violating the ADA, including refusing to provide reasonable accommodations. Safeway will provide annual ADA training to all managers and supervisors at its Westminster store and to all members of its eastern division accommodations committee. The grocery store will also report to EEOC on how it handles any complaints of disability discrimination and post a notice regarding the settlement.