Karina Basso  |  October 23, 2014

Category: Consumer News

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Kohl'sOn Oct. 21, Kohl’s Corp. was hit with a disability access class action lawsuit filed by The Equal Rights Center (ERC) alleging the retailer’s narrow aisles and tall checkout counters prevent consumers who are wheelchair bound from shopping at Kohl’s department stores nationwide, which the disability rights advocacy group claims is unlawful and discriminatory.

In the Kohl’s disability access class action lawsuit, the ERC alleges Kohl’s company-approved layout for the national clothing department store discriminates against Kohl’s customers with mobility issues. Not only do the narrow aisles and tall checkout counters in nearly 1,500 Kohl’s locations allegedly act as a shopping deterrent to consumers with mobility challenges, but the ERC further claims that the parking spaces at these same stores make it difficult for individuals with disabilities to access the stores.

According to the ERC’s claims in the Kohl’s class action lawsuit, “Kohl’s consistent erection, maintenance, and allowance of physical barriers within its stores, and its lack of response to multiple requests by the Plaintiffs and their counsel to correct these issues, demonstrate not only a marked disregard for the needs of individuals with disabilities, but also active discrimination on the basis of disability.”

The ERC claims Kohl’s store layout violates the Americans with Disabilities Act and the New York Human Rights Law because it systematically discriminates against wheelchair bound and mobility limited consumers.

The ERC allegedly surveyed 41 Kohl’s stores in 13 states after the organization received a number of similar consumer complaints claiming Kohl’s consistently violated ADA laws in store locations across the United States. Of the stores surveyed, the ERC stated that 90 percent of the locations allegedly had narrow aisles that would be impossible to access by a person in a wheelchair. During this survey, the disability rights group also allegedly discovered that Kohl’s fitting rooms and restrooms lacked handicap stalls and other accessible features.

As for the parking space complaints, the disability access class action lawsuit further alleges that 75 percent of the surveyed Kohl’s stores featured parking spaces that were reportedly too narrow for disabled individuals to get out from or get back into their vehicles.

The ERC filed the Kohl’s disability class action lawsuit together with plaintiffs Devora Fisher, Edith Prentiss, Monica Kamal, Jean Ryan and Regina Lee, who claim that they experienced difficulties accessing their local Kohl’s stores. These named plaintiffs are seeking to represent a Class that could potentially include thousands of Kohl’s consumers with disabilities nationwide who have claimed they could not could not shop at a Kohl’s location because of the corporate-approved layout.

Kohl’s was recently hit with a similar disability access class action lawsuit filed in Pennsylvania federal court.

ERC and the plaintiffs are represented by Jennifer M. Sender, Tracy E. Stevenson, and Andres J. Gallegos of Robbins Salomon & Patt LTD and Deepa Goraya and Matthew Handley from the Washington Lawyers Committee for Civil Rights and Urban Affairs.

The Kohl’s Disability Access Class Action Lawsuit is The Equal Rights Center, et al. v. Kohl’s Corporation, et al., Case No. 1:14-cv-08259, in the U.S. District Court for the Northern District of Illinois.

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5 thoughts onKohl’s Hit with Another Disability Access Class Action Lawsuit

  1. Urleane Navarro says:

    I don’t understand how big Corporations can get away with treating a little guys like this special of handicap people

  2. Carol says:

    My mom ,who is now passed away, loved to go shopping with me. She was in a wheelchair and I found it so frustrating to shop at Kohls with her as many areas where not wheelchair accessible. Narrow lanes with metal bars sticking out from displays which her wheelchair wheels would get caught on. It definitely took away from what was suppose to be a fun mother/ daughter shopping day !! There are many people in wheelchairs and scooters who want to enjoy their shopping experience … who are unable to because of these issues.

  3. Urleane Navarro says:

    Kohl’s suck they don’t care about the disable people that shop I. There stores when your in wheel chair and you can’t get through the Isles it’s very frustrating !

  4. urleane Navarro says:

    I am disable and I have trouble shopping in Calls with my scooter it’s hard for me to turn around a back up basically it’s hard for me to get around in the store

  5. Sharon Barre Morrison says:

    I worked here for over 10 years. It was always a problem. When management was told, they blew you off and obviously nothing was done.

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