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PRESS RELEASE
10-1-09
The Picture People, Inc. Harassed and Discharged Deaf Employee
Photography Studio Refused to Accommodate and Retaliated Against Deaf Photographer, Federal Agency Charges
DENVER – The Picture People, Inc., a nationwide chain of photography studios, refused to provide a reasonable accommodation, harassed, and retaliated against a deaf employee by eliminating her work hours, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed earlier this week.
According to the EEOC’s suit, Jessica Chrysler, who is deaf, was hired as a photographer in one of the company’s studios in Littleton, Colo. She repeatedly requested that she be provided with an American Sign Language interpreter to assist her at mandatory trainings and staff meetings. The Picture People never discussed Chrysler’s requests for accommodation with her, except to inform her that the requests were denied. Subsequently, managers picked on Chrysler, forced her to work in the back of the store away from the public, and ultimately, eliminated her work hours entirely.
These and other activities, the EEOC argues, constitute a failure to make reasonable accommodations, a hostile work environment, and wrongful discharge because of Chrysler’s disability. The EEOC also charged that the de facto termination was in retaliation for requesting accommodation and complaining about discrimination. All this alleged conduct violates the Americans With Disabilities Act (ADA).
The EEOC filed the lawsuit (EEOC v. The Picture People, Inc., Case #09-CV-02315-PAB-CBS) in U.S. District Court for the District of Coloradoafter first attempting to reach a pre-litigation settlement. The suit seeks monetary damages, including back pay, compensation for emotional distress and punitive damages. The EEOC also seeks injunctive relief prohibiting further discrimination by the employer and mandating corrective action.
“Employers all too frequently underestimate the ability of deaf employees to serve in a customer service capacity,” said EEOC Phoenix Regional Attorney Mary Jo O’Neill, whose jurisdiction includes Colorado. “Here, the employer not only failed to engage in a dialogue regarding a reasonable accommodation, it compounded the offense when it retaliated against the disabled employee for complaining of discrimination.”
EEOC Denver Field Office Director Nancy Sienko added, “It is unfortunate whenever able employees such as Ms. Chrysler get short shrift just because an employer is unwilling take reasonable steps to accommodate their disability. It’s prejudice plain and simple. It’s illegal and it’s a bad business practice.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.