U.S. Government Sues Sears for Firing Injured Workers

By Matt Green

Published on August 09, 2005

U.S. District Judge Wayne R. Anderson denied Sears' motion to dismiss the lawsuit brought by the Equal Employment Opportunity Commission, a government agency that guards worker rights.

The commission is suing Sears on behalf of Chicago-area resident John Bava and other injured workers.

The commission contends the giant retailer violated the Americans with Disabilities Act by firing injured workers who spent more than one year on disability leave. The commission contends Sears fired workers with legitimate injuries that disabled them from working.

Bava worked as a service technician in Sears' store in Bannock-burn, Illinois, north of Chicago. He was injured on the job when he fell in April 2001. Although Bava took leave to recover, his injuries left him substantially impaired in his ability to perform physical tasks.

Within three months after his injury, Bava sought placement in two less physically demanding positions for which he was qualified, but Sears refused to place hire him in either position, according to the employment commission.

Therefore, he remained on leave because he couldn't return to his prior service technician job. Ultimately, his employment was terminated under Sears' disability and worker compensation leave policy.

Comment on this article →