A North Carolina Walmart distribution center refused an employee’s intermittent leave request for a neurological issue in her hand and wrist. The company insisted she return to full duty or not at all, then terminated her after she protested its denial of intermittent work.

Her resulting complaint to the Equal Employment Opportunity Commission (EEOC) for disability discrimination and retaliation was one of over 29,000 nationwide for fiscal year 2023.  On the EEOC’s suit on her behalf, Walmart settled for $75,000 and a prohibition from requiring full employee recovery before return to work.  Walmart also must consider transfer from a warehouse to a store as reasonable accommodation and must post employee rights notices, provide annual training, and submit compliance reports.

The EEOC’s press release states: “Employer policies requiring employees to show that they are 100% healed, or can otherwise work without restriction, before returning from medical leave violate public policy and run afoul of the [Americans with Disabilities Act]. Further, the statute prohibits employers from retaliating against employees for seeking a reasonable accommodation. Such conduct has a chilling effect on the willingness of other employees to report unlawful conduct.”

Take-Aways:

Don’t retaliate against employees who seek accommodation for a disability.  Have an interactive discussion and work out any reasonable accommodation.  On reliable documentation there are no scheduling or other adjustments possible without an undue hardship, termination is a last resort.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Gone Postal: USPS Tagged for Retaliation Against Injured Workers (August 9, 2024)
• Staffing Agency Meltdown: Discrimination Settlement Shuts Down National Firm (April 12, 2024)
• Retaliation Wake-Up Call: Employer Discipline, Termination May Be Presumed Illegal (December 1, 2023)

Helena Kobrin
August 30, 2024