EEOC Sues Wal-Mart for Firing Disabled Employee

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
9-19-11

Carlsbad Store Refuses to Accommodate Employee With Cerebral Palsy After More Than 20 Years of Service, Federal Agency Charges
DALLAS — The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has filed suit against Wal-Mart Stores, Inc. for refusing to allow a long-term employee with cerebral palsy to return to work after a medical leave because of restrictions imposed by her doctor that would have been temporary.
The EEOC charged in its suit, Case No. 2:11-CV-00834 in U.S. District Court for the District of New Mexico, that a Carlsbad, N.M., Walmart terminated sales clerk Marcia Arney, who was attempting to return to her job following a medical leave for surgery. The surgery had been necessary due to her disability, cerebral palsy. When Arney, who had worked at the store as a sales clerk for 22 years, showed the store manager a note from her doctor stating that she needed to take periodic breaks, he refused to return her to her job, and instead required that she produce a medical release with no restrictions. The EEOC alleges that the medical restriction could have been accommodated by the giant retailer.
“This skilled employee had decades of experience with customers who recognized and greeted her. She had a loyal customer base that also benefited the store. Not allowing her to return to her job or even discuss her temporary restrictions meant the loss of a loyal employee, and violated the federal law against disability discrimination,” said EEOC Supervisory Trial Attorney Toby Wosk Costas.
Such alleged conduct violates the Americans with Disabilities Act of 1990 (ADA), which prohibits disability discrimination in the workplace. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.
The EEOC seeks injunctive relief, including the formulation of policies to prevent and correct disability discrimination. The suit also seeks damages for Ms. Arney and punitive damages against Wal-Mart.
“Employers need to make sure that they understand and comply with the simplified coverage definitions of the ADA Amendments Act, which has been in effect now for over two years, said Robert A. Canino, regional attorney for the Dallas District Office of the EEOC. “Prior skewed interpretations of the law have been corrected by Congress to ensure that persons like Ms. Arney, who suffer from debilitating conditions, are given opportunities to continue their employment through reasonable accommodations.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/9-19-11a.cfm

ADVANCE AUTO PARTS SETTLES DISABILITY BIAS SUIT WITH EEOC FOR $50,000 AND REMEDIAL RELIEF

The U.S. Equal Employment Opportunity Commission
PRESS RELEASE
3-9-09

Company Refused to Hire Man with Cerebral Palsy for Sales Job, Federal Agency Charged

BIG STONE GAP, Va. —Advance Stores Company, Inc., doing business as Advance Auto Parts, will pay $50,000 and provide other affirmative relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to the EEOC’s suit, Advance Auto Parts refused to hire Jeffrey Scott Sanders in September 2004 because he has cerebral palsy. Sanders had applied for a part-time sales position at an Advance Auto Parts retail store in Norton, Va. The EEOC said that Sanders had successfully completed an internship as a salesperson at Advance Auto’s Staunton, Va., store through a training program in which he participated. The EEOC further charged that despite Sanders’ qualifications and experience obtained through the internship, Advance Auto did not hire him but did hire at least one other person who was less qualified than Sanders.
Failing or refusing to hire an individual because he or she has a disability violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the Western District of Virginia after first attempting to reach a voluntary settlement (EEOC v. Advance Stores Company, Inc. d/b/a Advance Auto Parts, Civil Action 02-08CV00011).
In addition to the monetary relief to be paid to Sanders, as part of the settlement, Advance Auto agreed to provide training on an annual basis to all of its managers, supervisors, and employees in its Norton, Va., store; post an employee notice regarding this settlement; and report any allegations of disability discrimination by job applicants at the company’s Norton location to the EEOC.
“Federal law prohibits employers from taking discriminatory employment actions based on myths, stereotypes or assumptions about an individual’s disability, rather than the person’s actual ability to perform the job,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office, whose jurisdiction includes most of Virginia.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.