Appeal Settled on EEOC Disability Discrimination Suit Against 7-Eleven

HONOLULU – 7-Eleven of Hawaii will pay $10,000 and furnish other relief to settle an appeal and underlying federal disability discrimination lawsuit, according to the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that 7-Eleven failed to keep a former employee’s medical information confidential by disclosing the information to a prospective employer, which is a violation of the Americans With Disabilities Act (ADA), and which caused the prospective employer to rescind a job offer.

The EEOC filed its original lawsuit in September 2007 in U.S. District Court, District of Hawaii (EEOC v. 7-Eleven of Hawaii, Inc., Case No. CV 07-00478-SPK-BMK). After the District Court ruled in 7-Eleven’s favor, the EEOC appealed the decision in August 2008 to the U.S. Court of Appeals for the Ninth Circuit (Case No. 08-16903).

In addition to the monetary relief, 7-Eleven agreed to annual training of its human resources personnel and managers in equal employment opportunity, with an emphasis on the confidentiality provisions of the ADA. For a period of two years, 7-Eleven will also be required to report annually to the EEOC regarding the company’s policies and proposed training programs with respect to disability discrimination, medical disclosure, non-retaliation, and reasonable accommodation for its Hawaii personnel. The agreement settles both the appeal and the underlying District Court suit.