Software modification or Lawsuit? Which would you choose?

RantWoman would SO much prefer to be helping the hotel chain and software company listed below acquire positive brand identity. For one thing RantWoman's queue of things to rant about is always over capacity. Unfortunately, from this morning's email, RantWoman thinks Marriott and Siebel deserve to get sued!


RantWoman especially thinks Marriott's unwillingness to deal with accessibility issues is a giant step backward. RantWoman is aware from multiple blindness lists that Marriott has had a good record of employment for blind people and this proliferation of inaccessible software is a giant step backward. RantWoman would REALLY like it if the market and public opprobriumm would get the right things moving so that they do not have to be sued!



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@las-elc.org , www.las-elc.org

Timothy Elder, 410-415-3493, telder@trelegal.com,  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 advancementto a management position with Marriott based on the hotel chain’srequirement that managers use a Sales Force Automation (SFA) software programby the Oracle Corporation called Siebel CRM (Customer RelationManagement). Despite requests, Marriott has refused to configure ormodify its SFA software so that disabled persons such as Mr. Faraj who usescreen-reading software can serve as managers.



Mr. Faraj has worked for the Marriot hotel chain since 2005, and is currentlyan Event Billing Specialist at the San Diego Marriott Marquis. Like otherblind employees of Marriott, Mr. Faraj uses computers by relying on JAWS screenreader software, a program that translates computer text into audible speech orrefreshable Braille data. JAWS enables blind people and others withreading 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 withMarriott. I want to advance,” said Mr. Faraj. “ButMarriott 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 existingSeibel 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 usingselection 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 requiringMarriott 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 AidSociety-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 rightslaw firm fighting discrimination against disabled people and specializing inthe rights of the blind to access employment, education, government programs,public accommodations, accessible technology and all other aspects ofsociety.