According to the EEOC’s complaint, Lori’s Gifts engaged in companywide discriminatory practices beginning at least as early as 2018. The agency alleged the retailer used unlawful preemployment screening criteria and inquiries that were not related to or necessary for store positions.
Specifically, the EEOC’s suit charged that Lori’s Gifts required applicants to answer questions about their ability to lift up to 30 pounds and walk or stand for up to five hours. If an applicant answered “no” to either question, the company automatically rejected them, regardless of whether they could perform the job with or without reasonable accommodation.
The EEOC further alleged that Lori’s Gifts refused to hire qualified individuals with disabilities based on a perceived need to make accommodations. Such conduct allegedly violated the Americans with Disabilities Act, which prohibits employers from using qualification standards that screen out individuals with disabilities or making unlawful preemployment inquiries about disabilities.
The agency filed suit in U.S. District Court for the Southern District of Ohio as EEOC v. Lori’s Gifts, Inc., Case No. 2:23-cv-03175-EAS-CMV, after failing to reach a pre-litigation settlement through its administrative conciliation process.
The two-year consent decree settling the case enjoins Lori’s Gifts from discriminating on the basis of disability, including by making pre-offer inquiries about applicants’ physical capacities. It also prohibits retaliation and interference with employees or applicants asserting their rights under the ADA.
In addition to the monetary payment, the decree requires Lori’s Gifts to train all store associates, managers, and human resources personnel on disability discrimination and the ADA. The company must also submit periodic reports to the EEOC regarding applicants who seek accommodations and establish a telephone and email hotline for reporting ADA-related concerns.
The settlement also mandates that Lori’s Gifts provide information on its job application webpage regarding how to report concerns of disability discrimination under federal law.
Debra Lawrence, regional attorney for the EEOC’s Philadelphia District Office, stated in the agency’s press release that “Federal law prohibits employers from attempting to screen out or exclude applicants with disabilities” and emphasized that “Applicants with disabilities must be provided with an equal opportunity to seek employment.”
The EEOC’s Philadelphia District Office has jurisdiction over Pennsylvania, Maryland, Delaware, West Virginia, and parts of New Jersey and Ohio.