SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND SEARS, ROEBUCK AND CO. AND COORDINATED CORPORATE PROGRAMS, INC. Background 1. This matter was initiated by a complaint filed with the United States Department of Justice ("the Department") against the owners and operators of Sears Store #1295, in St. Petersburg, Florida. The complaint alleged that the store violated title III of the Americans with Disabilities Act of 1990 ("ADA" or "the Act"), 42 U.S.C.  12181-12189, by denying persons with disabilities the equal opportunity to participate in or benefit from the goods, services, facilities, privileges, or advantages provided by a place of public accommodation. Specifically, the complaint alleged that the Sears Model's Club Program ("the Program") imposes eligibility criteria that unnecessarily screen persons out on account of disabilities, and features policies, practices, and procedures which discriminate against persons with disabilities. The subject of this Agreement is the elimination of these eligibility criteria and modification of these policies, practices, and procedures such that individuals with disabilities are afforded equal opportunity to fully enjoy any goods, services, facilities, privileges, or advantages provided by the Sears Model's Clug Program. The Parties 2. The parties to this Settlement Agreement ("Agreement") are the United States of America, the owners and operators of Sears Store #1295 (Sears, Roebuck and Co., or "Sears") and Coordinated Corporate Programs, Inc. ("CCPI"). Sears Store #1295 ("the Sears store" or "the facility") is a department store located at Tyrone Shopping Center in St. Petersburg, Florida. 3. Sears, Roebuck and Co. is a public accommodation as defined by title III of the ADA because it is the owner or operator of a "clothing store . . . or other sales or rental establishment," and is also the operator of a "place of education." 42 U.S.C.  12181; 28 C.F.R.  36.104(5) and (10). 4. Coordinated Corporate Programs, Inc. ("CCPI") is an independent contractor that has entered into a License Agreement with Sears to run the Model's Club Program. CCPI in turn enters into an agreement with each instructor of the Program. 01-04800 Factual History 5. On October 19, 1992, the Department received a complaint alleging discrimination against people with disabilities by Sears Store #1295 in the Tyrone Shopping Center in St. Petersburg, Florida. The complainant stated that she attempted to enroll her nine-year-old daughter in a Sears Model's Club Program at Sears Store #1295. According to the complainant, the Club's Program instructor -- upon hearing that the complainant's daughter was physically disabled and used a wheelchair for mobility -- denied the complainant's daughter the opportunity to attend the class. Specifically, the complainant alleged that the Program instructor said complainant's daughter could not participate because the class used a runway that was one foot off the ground. Furthermore, according to the complainant, the Program instructor said she thought complainant's daughter "would be out of place with the other girls." 6. Sears, along with CCPI, generally denied the allegations set forth in the complaint, and denied that the instructor at the Sears facility denied the complainant's daughter the opportunity to participate in the program. CCPI maintains that its Program Coordinator conducted one telephone conversation with complainant in which she was asked to describe the Program and render her individual opinion as to whether the complainant's daughter would feel comfortable participating in the Program. CCPI further asserts that the complainant had no further personal contact with the Program instructor and that the complainant at no time attempted to enroll her daughter in the Program. Sears, along with CCPI, denied that it violated the ADA, and denied that the Program imposes eligibility criteria that unnecessarily screen persons out on account of disabilities, or that the Program has policies, practices and procedures which discriminate against persons with disabilities. In support of its assertion, Sears, along with CCPI, furnished the Department with a list of names, description of disability and location of children with disabilities who have enrolled in and successfully participated in the Sears Model's Club Program. 7. On the basis of its investigation, the Department contends that the Model's Club Program instructor denied complainant's daughter the opportunity to participate in the Sears Model's Club Program, in violation of Section 302(a) of the Act (providing that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person -2- 01-04801 who owns, leases (or leases to), or operates a place of public accommodation), 42 U.S.C.  12182(a).1 8. In the interest of avoiding the inconvenience and expense of litigation, and to accommodate the complaining party, Sears and CCPI proposed to undertake a number of measures to address the accessibility of the Sears Model's Club Program, many of which are incorporated into this Agreement. The United States agreed that completion of these and other measures set forth in this Agreement would fully resolve the administrative complaint. ACCORDINGLY, IT IS HEREBY AGREED THAT 9. Sears is a private entity that operates Sears Store #1295, in St. Petersburg, Florida, a place of public accommodation as defined by title III of the ADA, 42 U.S.C.  12181, and 28 C.F.R.  36.104. 10. This Agreement is final and binding on all parties to this action, including all principals, agents, and successors in interest of Sears, CCPI and the United States Department of Justice. 11. To resolve this matter Sears and CCPI agree to undertake the following steps within 90 days of the effective date of this Agreement: 1. Section 302(b) contains several general and specific prohibitions against discrimination, including, among other things: 1) the denial of an opportunity to participate in or benefit from a place of public accommodation that is equal to that afforded to others; 2) the denial of an opportunity to participate in or benefit from the services offered by a place of public accommodation; 3) the use of unnecessary eligibility criteria that screen out or tend to screen out persons with disabilities; and 4) the failure to make reasonable modifications in policies, practices or procedures where such modifications are necessary to afford equal advantages or privileges to persons with disabilities. 42 U.S.C.  12182(b)(1)(A)(i) & (ii); 12182(b)(2)(A)(i); 12182(b)(2)(A)(ii). -3- 01-04802 A. Dissemination of non-discrimination policy (1) Disseminate to all relevant employees and independent contractors of the Sears Model's Club Program nationwide, a written policy statement (subject to approval by the Department) confirming that the Program will not discriminate against eligible children (i.e., children between the ages of 8 and 17) with disabilities wishing to participate in the Model's Club Program; (2) Include in Sears Model's Club advertising materials, flyers and training materials, a statement to the effect that the Program is open to all interested children ages 8 through 17, including those with disabilities; B. Training of program instructors Develop and disseminate a training module for Program instructors regarding accommodating children with disabilities, subject to approval by the Department; the module shall include a revised telephone script, so that instructors respond appropriately when the parent of a child with a disability calls to inquire about participation in the Program, and a revised checklist of steps to be taken by instructors to address the needs of children with disabilities; C. Accessible Facilities Ensure that Program staging complies with the ADA Standards for Accessible Design; instruct CCPI coordinators that it is mandatory that any staging used for the Program complies with the ADA Standards for Accessible Design, and that only four staging options can be utilized: (1) an ADA- compliant stage may be borrowed from the mall; (2) an ADA-compliant mall center court stage can be used; (3) an ADA-compliant stage may be built by the local participating store according to specifications provided by the Licensed Businesses Department of Sears; or (4) if no ADA-compliant staging is available, the program instructor can utilize a run of carpet in place of a stage. -4- 01-04803 D. Termination of Contract with Non-Complying Entities Terminate contracts with any entity that fails to comply with the policies and procedures set forth in this Agreement; E. Compensation (1) Allow the complainant's daughter to attend a four-session course at a Sears store location of her choosing, tuition-free; and (2) Pay the complainant's daughter $3,500 within 10 days of the effective date of this Agreement. 12. The obligation to implement the steps set forth in paragraphs 11A through 11D are ongoing until the termination of the Agreement, which is three years from the date of the last signature below. 13. The United States agrees that Sears' completion of the steps set forth in this Agreement will fully resolve the administrative complaint submitted to the United States relating to modification of policies, practices and procedures by Sears to accommodate persons with disabilities who are interested and/or participate in Sears Model's Club Program. 14. The Attorney General is authorized, pursuant to 42 U.S.C.  12188(b)(1)(B), to bring a civil action under title III, enforcing the ADA in any situation where a matter of general public importance is raised. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from filing civil suit under title III in this matter, so long as Sears complies with the terms of this Agreement. 15. This document is a public agreement. A copy of this document or any information contained in it, may be made available to any person. The Department shall provide a copy of this Agreement to any person on request. Sears shall provide a copy of this Agreement to any person who directs his or her request to Sears Headquarters in Hoffman Estates, Illinois. Sears shall also instruct CCPI to make copies of the Agreement available to consumers upon request. 16. The effective date of this Agreement is the date of the last signature below. This Agreement shall be binding on Sears and its successors in interest, and Sears has a duty to so notify all such successors in interest within three years of the date of this Agreement. -5- 01-04804 17. The United States may review compliance with this Agreement at any time. If the United States believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in U.S. District Court. 18. Within 120 days of the date of this Agreement, Sears shall submit a report to the United States detailing the actions it has taken to comply with the preceding provisions; the report shall include records showing the number of persons with disabilities who enroll in the Sears Model's Club Program and the total number of instances in which the ramp(s) referenced at Part 11(C) are utilized. The report shall also contain a detailed description of all training efforts undertaken by Sears pursuant to paragraph 11(B) of this Agreement, including names of persons trained. During the eighteen months following the date this Agreement is entered into by the parties, Sears shall report to the United States in writing, within 30 days of receipt, any and all written complaints it receives relating to discrimination on the basis of disability in connection with the policy and accessibility modifications discussed herein, if the alleged discrimination occurs after the date the modifications are required to be complete. 19. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this Agreement. -6- 01-04805 20. This Agreement constitutes the entire agreement between the parties on the matters raised herein; and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect the continuing responsibility of Sears to comply with all aspects of the Americans with Disabilities Act. Agreed and Consented to: For the UNITED STATES OF AMERICA ______________________________ ______________________ L. IRENE BOWEN Date Deputy Chief SHEILA M. FORAN Trial Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Tel: (202) 307-0663 For Sears, Roebuck and Co. __________________________________ ______________________ JOYCE E. MORAN Date Assistant General Counsel Sears, Roebuck and Co. Law Department 766 3333 Beverly Road Hoffman Estates, Illinois 60179 For Coordinated Corporate Programs, Inc. _________________________________ ______________________ CRISHA SCOLARO Date President Coordinated Corporate Programs, Inc. P.O. Box 18343 Tampa, Florida 33679-8343 -7- 01-04806 Department of Justice FOR IMMEDIATE RELEASE CR THURSDAY, AUGUST 24, 1995 (202) 616-2765 TDD (202) 514-1888 DEPARTMENT OF JUSTICE AND SEARS REACH SETTLEMENT UNDER THE AMERICANS WITH DISABILITIES ACT WASHINGTON, D.C. -- Under a settlement reached today with the Department of Justice, Sears, Roebuck and Co. will make its "Model's Club Program" -- a 4-session course in fashion modeling for children ages 8-17 -- more accessible to children with disabilities. The settlement resolves a complaint filed under the Americans with Disabilities Act (ADA) against the Sears Model's Club program by Summer Nicole Peavy, a Seminole, Florida girl who has spina bifida and uses a wheelchair. According to her mother, Jean Peavy, a Sears Model's Club Program instructor said the girl could not participate because the class used a runway that was one foot off the ground. Furthermore, the program instructor allegedly said she thought the girl would be out of place with the other children, and suggested that the mother consider a more personalized alternative that would rely upon individualized instruction and attention. "Stereotypical attitudes regarding what people with disabilities can and cannot do are still present in our nation," (MORE) 01-04807 -2- said Assistant Attorney General for Civil Rights Deval L. Patrick. "By entering into this agreement Sears is doing its part towards eliminating the attitudinal barriers faced each day by persons with disabilities." According to the agreement, Summer Peavy will be allowed to attend a 4-session course at a Sears store location of her choosing, tuition-free, and Sears will pay her $3500. Sears has also agreed to: * provide training materials to Model's Club Program instructors about ADA requirements; * ensure that all ramps and runways used by the Model's Club Program comply with the ADA; * distribute a policy statement confirming that Sears will not discriminate against children with disabilities who want to participate in the Model's Club Program; and * ensure that all informational materials state that the program is open to all interested children ages 8 through 17, including those with disabilities. The girl -- who will be a sixth-grader this fall -- was the 1989 Easter Seals poster child for her county and served as a youth ambassador for the March of Dimes. Most recently, she was selected to be the international poster child for Shriner's Hospitals. ### 95-455 01-04808