Walmart agrees to pay $70,000 and offer a job to an employee after the EEOC sued alleging disability discrimination for revoking the employee’s accommodation of using an electric cart and placing him on unpaid leave for 3 years.
Walmart Agrees to Pay $70,000 and Offer Job to Resolve Disability Discrimination Case.
Walmart has agreed to pay $70,000 and offer a job to an employee to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC had charged that Walmart violated the Americans with Disabilities Act (ADA) when it revoked an accommodation it had provided to an employee with a disability who used a prosthetic leg. Originally, Walmart had allowed the employee, Luis Quiñones, to use one of the store’s electric carts as a reasonable accommodation to assist with his job duties.
However, about seven months later, Walmart told Quiñones he could no longer use the cart, claiming the carts were only for customer use, despite allowing other employees to use them temporarily for injuries. The EEOC’s lawsuit alleged that Walmart failed to provide an alternative reasonable accommodation and instead placed Quiñones on indefinite unpaid leave for three years.
Under the two-year consent decree resolving the case, in addition to monetary relief and a job offer for Quiñones, Walmart is prohibited from failing to accommodate disabilities related to walking and standing at the Aiken, South Carolina store involved. The company must also conduct annual ADA training and submit compliance reports.
EEOC officials stated the decree sends a clear message that revoking reasonable accommodations without offering alternatives violates the ADA, and the agency will pursue appropriate relief, including reinstatement, for discrimination victims.
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