Walmart Found Guilty of Disability Discrimination

Blue Light Special! Last week, a jury in Green Bay, Wisconsin, found that Walmart violated the Americans with Disabilities Act (“ADA”) and awarded the plaintiff $125 million dollars. While the award was subsequently reduced to $300,000.00 (the maximum award available under the ADA), this serves as another cautionary tale for employers.

In the case, the Equal Employment Opportunity Commission (“EEOC”) claimed that Walmart failed to provide a reasonable accommodation to an employee as required by the ADA. Under the ADA, employers are required to engage in an interactive process with employees, or applicants, once an employee discloses a disability and requests an accommodation which would allow the individual to perform the essential functions of a position.

In the Walmart case, the employee’s shift was altered, and the employee requested that Walmart allow her to work her original shift as an accommodation to her disabilities. The lawsuit asserted that Walmart failed to provide the accommodation, terminated her employment, and subsequently refused to hire her due to her disability. Walmart, conversely, claimed the employee was fired for excessive absenteeism and tardiness. The jury believed the employee and ruled accordingly.

This case only reinforces the importance of an employer’s obligation to engage in the interactive process once it becomes aware of an accommodation request. It also highlights the need for documentation in the event of discipline and termination of employees.

For questions about this or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on key labor and employment developments that affect your workplace, subscribe to our blog and follow us on social media.