New Disability Discrimination Lawsuit: 4.24.2023 – EEOC Sues Walmart for Refusing Accommodation to Employee with Disability

DISABILITY DISCRIMINATION

• The EEOC has filed a lawsuit against Walmart for disability discrimination alleging Walmart violated the Americans with Disabilities Act (ADA).
• Walmart refused to accommodate an employee’s disability-related leave and fired her for violating the company’s attendance policy.
• The employee was diagnosed with epileptic seizure disorder in September 2016, and her supervisor said she would excuse seizure-related absences if the employee’s mother notified her that the absence was related to the employee’s seizure disorder.
• Despite the employee’s mother notifying the supervisor of the absences due to the employee’s disability, the employer did not excuse the absences, and the employee was fired for violating the store’s attendance policy.
• The EEOC alleges that Walmart’s actions constitute disability discrimination.
• The case name is “Equal Employment Opportunity Commission v. Wal-Mart Stores East, LP”.
• The case number is “5:23-cv-00218”.
• The lawsuit was filed in the U.S. District Court for the Eastern District of North Carolina, Western Division.
• The EEOC seeks monetary relief for the former employee, including back pay, and compensatory and punitive damages.
• The EEOC also seeks injunctive relief against the company to end any ongoing discrimination and to prevent such unlawful conduct in the future.
• The EEOC’s Charlotte District is charged with enforcing federal employment anti-discrimination laws in North Carolina, South Carolina, and Virginia.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-walmart-disability-discrimination

Disability discrimination in the workplace is a pernicious problem that can significantly impact the employment prospects and career trajectories of people with disabilities. Despite the Americans with Disabilities Act (ADA) prohibiting discrimination based on disability, many employers continue to engage in discriminatory practices that prevent individuals with disabilities from accessing employment opportunities and advancing in their careers.

One of the main reasons why disability discrimination is a pernicious problem in the workplace is that it perpetuates a cycle of poverty and unemployment for individuals with disabilities. According to the U.S. Bureau of Labor Statistics, the unemployment rate for people with disabilities was 12.6% in 2020, which is more than twice the rate for people without disabilities. This is despite the fact that people with disabilities are just as capable of working and contributing to society as anyone else. Discrimination in the hiring process, as well as in promotions and job assignments, prevents individuals with disabilities from securing and advancing in employment, thus limiting their opportunities to earn a living and support themselves and their families.

Furthermore, disability discrimination can have significant psychological impacts on individuals with disabilities, including decreased self-esteem, anxiety, and depression. Discrimination can also lead to feelings of isolation and exclusion from the workplace, which can contribute to a decline in mental health and well-being. This can have long-term effects on individuals’ overall quality of life, as well as their ability to contribute to society.

Disability discrimination can also result in significant financial losses for individuals with disabilities. For example, if an individual with a disability is not accommodated in the workplace, they may be forced to take time off or even leave their job altogether. This can result in lost wages, lost opportunities for advancement, and lost benefits. Furthermore, individuals with disabilities may be forced to pay for accommodations themselves, which can be expensive and prohibitive for those with limited financial means. These financial losses can contribute to the poverty cycle mentioned earlier and make it more difficult for individuals with disabilities to achieve financial stability.

Another reason why disability discrimination is a pernicious problem is that it can prevent individuals with disabilities from accessing essential services and resources. For example, if an individual with a disability is not accommodated in the workplace, they may not be able to access the healthcare or insurance benefits offered by their employer. This can make it more difficult for them to manage their disability and access the resources they need to maintain their health and well-being. Additionally, if individuals with disabilities are discriminated against in other areas of their lives, such as housing or transportation, they may face barriers to accessing essential services and resources that are necessary for their daily lives.

Finally, disability discrimination in the workplace can perpetuate negative stereotypes and stigmatization of people with disabilities. When employers engage in discriminatory practices, it reinforces the idea that people with disabilities are not as capable or valuable as those without disabilities. This can contribute to a culture of ableism that limits opportunities for people with disabilities and perpetuates harmful beliefs and attitudes about disability.

Disability discrimination can have significant negative impacts on individuals with disabilities, including limiting their employment opportunities, contributing to financial losses, and preventing them from accessing essential services and resources. It is crucial that employers take steps to eliminate disability discrimination in the workplace and ensure that individuals with disabilities have equal access to employment opportunities and can advance in their careers. This includes providing accommodations, promoting diversity and inclusion, and educating staff on disability issues and the importance of nondiscriminatory practices. By taking these steps, employers can create a more inclusive and equitable workplace for all employees, regardless of disability status.

If you suspect you are a victim of disability discrimination, contact our office for a free consultation.

Benefits of Hiring a Disability Discrimination Attorney

• A disability discrimination attorney can help you understand your legal rights and options. • An attorney can help you navigate the complex legal process and represent you in negotiations or in court. • An attorney can help you gather and present evidence to support your case, including medical records and witness statements. • An attorney can help you file a complaint with the Equal Employment Opportunity Commission (EEOC) or state human rights agency. • An attorney can help you negotiate a settlement with your employer, which may include compensation for lost wages, emotional distress, and other damages. • An attorney can help protect you from retaliation or other adverse actions taken by your employer as a result of your complaint. • An attorney can help you appeal a decision if your case goes to trial and you are not satisfied with the outcome. • An attorney can provide you with guidance on whether to accept a settlement offer or to continue pursuing your case in court. • An attorney can provide you with emotional support and help you understand the legal process every step of the way. • An attorney can help ensure that your case is handled properly and professionally, and that your rights are protected throughout the process.