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," 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