Walmart Settles Disability Discrimination Lawsuits for $175,000 and Agrees to Workplace Policy Reforms

Background:
Walmart, the nation’s largest retailer, faced multiple allegations of disability discrimination across three North Carolina stores located in Statesville, Henderson, and Raleigh. The U.S. Equal Employment Opportunity Commission (EEOC) filed lawsuits after efforts to resolve the issues through voluntary conciliation failed. The cases highlight the importance of employers accommodating employees with disabilities as required under the Americans with Disabilities Act (ADA).

Incident:
The EEOC filed three separate lawsuits alleging Walmart violated the ADA by failing to accommodate employees with disabilities and terminating them for disability-related absences:

• Case 1 (Statesville): A deli associate with a gastrointestinal impairment requested intermittent leave for medical appointments and hospitalizations. Despite providing doctor’s notes, Walmart denied some absences, ultimately firing the employee in April 2017 for violating attendance policies.
• Case 2 (Henderson): A shelf stocker with epilepsy experienced seizures that caused absences. Although her supervisor indicated seizure-related absences would be excused with proper notification, Walmart failed to honor this commitment and terminated her for attendance policy violations.
• Case 3 (Raleigh): A general merchandise support manager with generalized convulsive epilepsy requested intermittent leave due to seizures that caused tardiness or absences. Walmart denied the request, demoted the employee, and later terminated him for attendance violations.

Legal Background:
The ADA mandates that employers provide reasonable accommodations to employees with disabilities, provided such accommodations do not impose undue hardship on the business. Reasonable accommodations may include intermittent leave, modified work schedules, or other adjustments to workplace policies. The EEOC alleged that Walmart’s actions violated these legal protections, prompting lawsuits in the U.S. District Court for the Western and Eastern Districts of North Carolina.

Settlement and Relief:
Walmart agreed to pay $175,000 in total monetary relief to the affected employees:

• $85,000 to the deli associate in Statesville.
• $50,000 to the shelf stocker in Henderson.
• $40,000 to the support manager in Raleigh.

In addition to financial compensation, Walmart agreed to the following measures under consent decrees applicable to the stores in question:

1. Prohibiting the denial of intermittent leave as a reasonable accommodation.
2. Instituting a mechanism for employees to request accommodations under the ADA.
3. Prohibiting attendance points for disability-related absences in certain cases.
4. Requiring an interactive process for handling accommodation requests.
5. Providing annual training on ADA compliance.
6. Posting employee rights notices in affected locations and submitting compliance reports to the EEOC.

Key Takeaways:

1. Employers must engage in an interactive process to evaluate requests for reasonable accommodations under the ADA.
2. Intermittent leave is often a critical accommodation for employees with chronic medical conditions.
3. Comprehensive training and clear policies help prevent discriminatory practices and ensure compliance with the ADA.

Conclusion:
This settlement underscores the legal and ethical obligation of employers to accommodate employees with disabilities. By implementing reforms and providing compensation, Walmart aims to rectify its practices and ensure a more inclusive workplace. The case serves as a reminder that adhering to ADA requirements is essential for fostering equitable employment opportunities.