Kohl’s Department Stores, Inc. is fighting lawsuits brought by disabled individuals. Initially, the individuals sought class action status against the Wisconsin-based stores, but a judge felt that separate actions would advance more efficiently through the courts. This has forced Kohl’s to defend itself on numerous fronts.
The original lawsuit was brought by The Equal Rights Center (ERC), a non-profit civil rights activism organization out of Washington, D.C. In the complaint, Kohl’s is alleged to have operated in violation of Title III of the American’s with Disabilities Act (ADA). Specifically, the stores were accused of “denying shoppers with disabilities the ability to successfully navigate their stores … .” Upon being notified of problems in Kohl’s stores by various members, the ERC surveyed the stores, which they determined were in violation of the ADA.
The ERC sought class action status, but Kohl’s argued against it. A judge found in favor of Kohl’s in this matter, and allowed each discrimination case to proceed separately. Now, Kohl’s is seeking to have the claims of one plaintiff, Devora Fisher, dismissed. Fisher alleges that she made multiple complaints to store management about her inability to maneuver her wheelchair through the aisles. When the complaints were not addressed, Fisher went to the ERC.
Another plaintiff, Patricia Thomas, must use a walker or scooter because of her multiple sclerosis diagnosis. She similarly alleges that she was unable to navigate the Kohl’s stores in her hometown and that her complaints went unaddressed.
In the Fisher case, Kohl’s is arguing that the claims are barred by the doctrine of res judicata which means that the second lawsuit cannot proceed if it is based on three claims that were satisfied in the first lawsuit. The judge has yet to rule on this matter.
In the Thomas case, the judge did not agree with Kohl’s motion for summary judgment. Instead, the court argued that the plaintiff “has set forth a plausible proposal for barrier removal … .”
Complaints about ADA compliance should never fall on deaf ears. Take these matters seriously from the beginning, and it may be possible to avoid costly and distracting litigation.