[acb-hsp] FW: [Nfbnet-members-list] Lawyers Seeking Help with Marriott Lawsuit

[Peter Altschul]

  _____  

The attorneys listed below are interested in talking with any current or
former blind or print disabled employees or applicants from the Marriott
hotel chain.  The attorneys represent a group of blind or print disabled
persons who were denied advancement or other employment opportunities
because of Marriott's use of inaccessible computer software and its failure
to reasonably accommodate persons using JAWS and other screen readers.
Please liberally share this notice and the below press release with your
networks so we can get the message out to those blind persons who might
benefit from participating in this class action.

 

 

FOR IMMEDIATE RELEASE

Contact:  Jinny Kim, 415-864-8848, jkim at las-elc.org, www.las-elc.org
<http://www.las-elc.org/> 
               Timothy Elder, 410-415-3493, telder at trelegal.com,
www.trelegal.com <http://www.trelegal.com/>  

LAWSUIT CLAIMS MARRIOTT DISCRIMINATES AGAINST BLIND EMPLOYEES
CLASS ACTION SEEKS EQUAL ACCESS TO PROMOTIONS, COMPUTER SOFTWARE

(SAN DIEGO, CA, February 6, 2013) - Today, the Legal Aid Society -
Employment Law Center (LAS-ELC) and TRE Legal filed a class action lawsuit
in federal court against Marriott, alleging that the hotel giant
discriminates against blind and disabled employees by requiring its managers
to use inaccessible computer software and rejecting accessible alternatives.


Ali Faraj is a blind Marriott employee who has been excluded from
advancement to a management position with Marriott based on the hotel
chain's requirement that managers use a Sales Force Automation (SFA)
software program by the Oracle Corporation called Siebel CRM (Customer
Relation Management).  Despite requests, Marriott has refused to configure
or modify its SFA software so that disabled persons such as Mr. Faraj who
use screen-reading software can serve as managers. 

Mr. Faraj has worked for the Marriot hotel chain since 2005, and is
currently an Event Billing Specialist at the San Diego Marriott Marquis.
Like other blind employees of Marriott, Mr. Faraj uses computers by relying
on JAWS screen reader software, a program that translates computer text into
audible speech or refreshable Braille data.  JAWS enables blind people and
others with reading and print disabilities to access documents and digital
information on computers and thus become productive and independent workers.


"I have a B.A. in Hospitality Business, and more than ten years of
experience in the industry, including my nearly eight successful years with
Marriott.  I want to advance," said Mr. Faraj.  "But Marriott managers keep
telling me that I cannot be promoted into a position requiring use of Siebel
CRM.  That's not fair." 

He added that a Marriott HR manager has acknowledged that he is more
qualified than other candidates placed by Marriott into management. 

The lawsuit alleges that there are nondiscriminatory alternatives to
Marriott's current software system, including replacing Siebel CRM with
alternative, JAWS-accessible SFA software, updating and upgrading the
existing Seibel CRM software to make it JAWS-accessible system-wide, and
adding individualized modifications or scripts to the existing Seibel CRM
software to make it JAWS-accessible to particular individuals.

"Marriott contends that it would cost more than $1,000,000 to fix the
problems," said Timothy Elder, a principle of TRE Legal and an attorney for
Mr. Faraj.  "That is just not the case.  One solution would cost less than
$50,000 and would open up competitive employment opportunities for many
blind and disabled Marriott workers. 

Mr. Elder further disputed that the fix would impose an undue hardship on
the company.  According to reports, Marriott International had revenues of
$12.3 billion for 2011, and has assets worth $5.9 billion; Host Marriott has
assets totaling $11.3 billion.

In recent months, Marriott has expanded the Seibel CRM software
configuration, integrating additional computer programs into the
inaccessible platform.  This expansion further threatens the employment
opportunities of Mr. Faraj and other blind and disabled employees by
reaching additional jobs at Marriott. 

"The Americans with Disabilities Act prohibits employers from using
selection criteria and methods of administration that exclude persons with
disabilities," said Jinny Kim, senior staff attorney with LAS-ELC and
counsel for Mr. Faraj.  "This case seeks to dismantle unnecessary barriers
created by an employer's technology." 

The class action lawsuit requests a determination from the court that
Marriott is in violation of the Americans with Disabilities Act, and a court
order requiring Marriott to make the required changes to its software system
and related policies on behalf of a class of affected workers.  The case
also seeks damages and other relief for Mr. Faraj. 

Lawyers on the case are interested in speaking with any Marriott employee
who uses screen-reading software.  They may also be contacted to set up
telephone interviews with Mr. Faraj. 

### 

About the Legal Aid Society-Employment Law Center   |   www.las-elc.org
Founded in 1916, the Legal Aid Society-Employment Law Center protects the
rights and economic self-sufficiency of working poor people and marginalized
communities by providing free legal services, education, and advocacy. Using
the law as a tool, we help low-wage workers create the best possible future
for themselves and their families.

About the TRE Legal Practice   |   www.trelegal.com
Founded by attorney Timothy Elder, TRE Legal is a civil rights law firm
fighting discrimination against disabled people and specializing in the
rights of the blind to access employment, education, government programs,
public accommodations, accessible technology and  all other aspects of
society.
 
 

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