“We found that managers weren’t trained and they were really harassing people,” Park said.
The settlement also resolves allegations that Dillard’s fired some workers for taking more sick leave than the company allowed. The company did not confer with employees to see whether more leave was allowed under federal law to accommodate a worker’s disability, the EEOC said.
Under a three-year consent decree, Dillard’s will pay $2 million to identified victims and establish a class fund for victims who are not yet identified.
Park said at least 75 employees who were victims of the policies have been identified at a Dillard’s store in El Centro, Calif., which was the subject of the EEOC’s initial lawsuit. She expects thousands more to come forward.
Employees who worked at Dillard’s between Aug. 16, 2005, and Aug. 15, 2009, can qualify to receive a monetary settlement award. In addition, anyone who worked at Dillard’s and believes they were terminated after May 28, 2008, for taking too much sick leave can make a claim.
The consent decree requires Dillard’s to hire a consultant to review and revise company policies and train supervisors and staff on federal disability law. The company will submit annual reports verifying compliance.
Employees who believe they are eligible for the settlement can go to http://www.dillardeeocsettlement.com or call 213-894-1032 for information on how to complete a claim form.