Nike Workers Get Clear Face Masks in Class Action Settlement Deal

Nike has agreed to provide its workers with clear face masks to accommodate deaf and hard of hearing customers who need to read employees’ lips, as part of a class action settlement.

In a motion filed Wednesday in California federal court, Nike agreed to a settlement where the corporation will provide see-through masks to its employees in California if they are required to assist customers who are deaf or hard of hearing, as well as providing clear pens and paper for the transactions. 

The plaintiff who brought the suit, Cali Bunn, a 22-year-old college student who is deaf, claimed Nike adopted a policy that discriminates against people who are deaf or hard of hearing as part of its response to the COVID-19 pandemic, according to the motion. 

Nike allows its employees to wear opaque masks, according to the suit, which allegedly muffle sound and restrict the ability to view the wearer’s mouth, making it difficult for people with hearing impairments who rely on the movement of people’s lips to communicate, according to The New York Times. 

Under both federal and state law Nike is required to provide reasonable accommodations to customers with impaired hearing. Denying “goods, services, facilities, privileges, advantages, or accommodations” to a person with a disability violates the Americans with Disabilities Act, according to the motion. 

Approximately 37.5 million adults in America aged 18 and over experience some trouble hearing, according to the National Institute on Deafness and Other Communication Disorders. 

Nike Settles With Injunctive Relief

Following months of investigation, a settlement was reached to provide relief to the thousands of potential customers who may visit Nike’s stores in California while the COVID-19 mask mandate remains in effect. In addition to providing all workers with transparent masks, Nike has also agreed to post signs outside of its stores notifying customers about their right to accessible accommodations. 

Nike has also agreed to pay Bunn’s attorney fees up to $85,000, however the corporation stated that it does not release any class member’s potential claim against Nike for financial damages that may be brought in the future, according to the motion. 

“I hope that this settlement causes other retailers to follow suit voluntarily,” representing attorney James F. Clapp, who is also deaf, said to Law360. “Accommodating people with disabilities is not only legally required, but it shows a commitment to good customer service.”

Over the years multinational corporation Nike has faced various allegations of misconduct from consumers.

In November 2000, a group of former female employees filed a Nike gender discrimination class action alleging that the retailer pays its female employees significantly less than male employees in violation of the Equal Pay Act.

Have you been affected by the COVID-19 pandemic mask mandate as a deaf or hard of hearing person? Let us know in the comments below. 

Bunn is represented by Michael Rubin and Eve E. Cervantez of Altshuler Berzon LLP, and James F. Clapp and Marita Murphy Lauinger of Clapp & Lauinger LLP.

Nike is represented by Austin Van Schwing Gibson, Julian Wolfe Kleinbrodt, Rachel S. Brass and Joseph Richard Rose of Gibson Dunn & Crutcher LLP.

The Nike Masks Lawsuit is Cali Bunn et al. v. Nike Inc., case number 4:20-cv-07403, in the U.S. District Court for the Northern District of California.

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