NORTH CAROLINA – Walmart Stores East, LP has agreed to pay $75,000 and provide other relief to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced July 29th.
The lawsuit alleges that an employee at Walmart’s distribution center in Fayetteville, North Carolina, suffered from severe pain due to a neurological disability affecting her right hand and wrist.
The employee requested intermittent leave as a reasonable accommodation, but Walmart denied the request. Walmart required a full medical release indicating she could work without restrictions to return to her position.
After Walmart’s continued denial, the employee filed an internal complaint with the company’s Global Ethics Office. Nine days later, Walmart terminated her employment.
This conduct allegedly violates the Americans with Disabilities Act (ADA), which protects individuals with disabilities from employment discrimination.
The ADA prohibits companies from requiring employees with disabilities to have no medical restrictions before returning to work and from retaliating against those who complain of discrimination.
The EEOC filed the lawsuit in the U.S. District Court for the Eastern District of North Carolina (Case No.: 5:22-CV-00252-FL) after attempting to reach a pre-litigation settlement through its voluntary conciliation process.
In addition to the monetary damages paid to the affected employee, the two-year decree prohibits Walmart from requiring employees to be “100% healed” or “fully recovered” before returning to work.
Walmart must also consider transferring employees from the distribution center to a retail store as a possible reasonable accommodation.
The company is required to conduct annual training, post a notice about employee rights, and submit periodic compliance reports to the EEOC.
This resolution underscores the importance of protecting the rights of employees with disabilities. Walmart must adjust its policies to comply with the ADA and ensure an inclusive and fair work environment.
The EEOC’s decision reinforces that companies cannot impose undue medical restrictions or retaliate against those who advocate for their rights.