Walmart Settles Disability Discrimination Lawsuit for $70,000

The Equal Employment Opportunity Commission (EEOC) recently announced the settlement of a lawsuit filed on behalf of a disabled employee against his employer, Walmart. Upon hiring, the plaintiff, who had a prosthetic leg, was allowed to use the store’s in-store electric cart to perform some of his job duties. According to the EEOC, Walmart violated the Americans with Disabilities Act (ADA) when it revoked permission to use the electric cart for this employee. The decision forced the employee to take unpaid leave. The decision to revoke permission to use the electric cart came 7 months after Walmart’s hiring of the employee.

Walmart claimed that the electric carts were for customer use only. However, they did allow other employees to use the carts for temporary injuries. According to the EEOC, Walmart failed to offer a reasonable accommodation to the employee that would have allowed him to continue working. Instead, the employee had to take unpaid leave because he could no longer do his job.

The EEOC contended that this was a violation of the ADA which protects employees from unreasonable discrimination and requires employers to provide reasonable accommodations to employees with disabilities.

In addition to paying $70,000 in damages to the employee, Walmart agreed to rehire the employee at one of its locations in South Carolina. Walmart was also required to sign a consent decree that forces the company to provide reasonable accommodations related to walking and standing to disabled employees. Further, the decree prohibits Walmart from eliminating existing reasonable accommodations when it cannot provide an alternative. Walmart is further required to conduct annual training for salaried employees who work at the store, post an employee notice, and submit annual reports concerning its compliance with the directive.

The Americans with Disabilities Act and reasonable accommodations 

The Americans with Disabilities Act is a piece of civil rights legislation that protects the interests of disabled workers in the workplace. This legislation prohibits employers from discriminating against an employee on the basis of a disability—so long as the employee can do their job. It also requires employers to make reasonable accommodations for employees with a disability.

In the case mentioned above, the employee had difficulty walking due to a prosthetic leg. Walmart initially allowed him to use in-store electric carts to perform some of his job duties, but later revoked that permission even though it allowed other employees to use the carts on a temporary basis. Walmart never offered the employee another option and this forced him to quit his job with the company. The EEOC filed suit against Walmart alleging violations of ADA. Walmart ultimately settled the suit for $70,000 and agreed to rehire the employee.

Talk to a Tampa, FL Disability Discrimination Lawyer Today 

Florin Gray Bouzas Owens, LLC represents the interests of Tampa employees who have been discriminated against on the basis of a disabling condition. Call our Tampa employment attorneys today to schedule a free consultation, and we can begin investigating your case right away.

Source:

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