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Windmill Inn settles discrimination lawsuit By JOHN DARLING for the Mail Tribune ASHLAND - While maintaining innocence on all charges, Windmill Inn of Ashland has paid $35,000 to settle a lawsuit alleging it refused to hire an applicant because she was blind. The U.S. Equal Employment Opportunity Commission in Seattle brought the case for Sandra Newkirk, now of Salt Lake City, who claimed she applied and was interviewed for a job as guest services agent in May 1999 and that she had five years' experience in a similar post with Marriott Hotel in Salt Lake City. Windmill disputes Newkirk's charges, saying she walked in without an appointment, accompanied by a contract job developer and asked about work, but did not fill out an application or present references and was not scheduled for an interview, said Melinda Cauvin of Phoenix, Ashland Windmill's general counsel and part owner. Windmill was advertising for a guest services agent for the graveyard shift, she said, a job for which a blind person could not qualify because it required the worker to be able to drive a van and respond to possible emergencies, such as fires, guests drowning in the pool or intoxicated persons or armed intruders coming in the front door. "We never violated any laws or did anything wrong," said Cauvin. "We do everything and more that's required (by the Americans with Disabilities Act). We would have won if we'd gone to trial. We just paid her to go away." EEOC conducted an investigation and concluded that Newkirk was indeed being considered for the job, she did fill out an application and steps were being taken to accommodate her, said attorney Kathryn Olson of EEOC's Seattle office, "but then they decided they were no longer interested in her and terminated the process." Newkirk got a "favorable interview" and was made an offer of employment, said Luis Lucero, chief of EEOC's legal staff in Seattle. The Oregon Commission for the Blind offered a consultant, adaptive equipment, software and training for Newkirk, he added, but then the employment offer was withdrawn. Cauvin called the EEOC case "bogus and made up," and also said the agency wanted to make an example of Windmill because owners sought help from Oregon's U.S. senators, who made inquiries of EEOC on Windmill's behalf. Lucero said the case was based only on its investigation and its mission to seek compensation for job applicants who suffer discrimination based on disability. In a consent agreement mediated in Federal District Court in Eugene, Windmill agreed to the $35,000 in emotional stress damages, a payment "not to be construed as an admission of liability." Windmill, the decree stated, "denies any wrongdoing ... and seeks to avoid litigation and buy its peace." Windmill challenged a prosecution witness who had assisted Newkirk as a contract job developer, then signed an agreement with her that he would receive 10 percent of her discrimination suit award. "In 24 years of law practice, I've never seen a situation where a third party witness has stood to benefit financially if the case were decided in his favor," said Medford attorney David Ingalls, who handled the case for Windmill. "That especially made us feel we'd win if we took it to trial. But the government has limitless resources (for litigation) and Windmill doesn't. So we decided to put it behind us and pay." The 10 percent arrangement was "not necessarily the smartest thing," said Olson. "They didn't appreciate the ramifications of it, but it didn't change the credibility of what Newkirk said." As part of the settlement, Newkirk signed an agreement not to comment on the case. Windmill's management also agreed to train managers in ADA requirements and provide grievance procedures for employees and applicants. Cauvin said Windmill already does these things and has several disabled people on the payroll, including two workers with Down syndrome and one employee recovering from a stroke. EEOC declined to divulge if any other complaints with other employers have been filed by Newkirk. Federal law prohibits making complaints public unless they are settled or have entered the court system, Olson said. John Darling is a free-lance writer living in Ashland. E-mail him at [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.