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Retail giant Wal-Mart Stores, Inc. agreed to pay $50,000 in back
pay and damages to settle a lawsuit filed by the EEOC, alleging
that the company committed disability discrimination against a
part-time employee with cerebral palsy in violation of the
Americans with Disabilities Act ("ADA").
The EEOC alleged that Wal-Mart fired the employee after it
refused to allow her to return to work following medical leave
because she could not return to work "without
restrictions." The employee allegedly brought to the store
manager a doctor's note requesting an accommodation in the form
of periodic breaks so that she could be off her feet.
In the lawsuit, the EEOC alleged that the store failed to engage
in the required interactive process, and, had it done so, Wal-Mart
would have discovered that the employee's need for an
accommodation was temporary. The EEOC also alleged that the company
could have easily granted the accommodation request, rather than
requiring the employee to return to work with no restrictions.
The parties were unable to settle the matter through
conciliation prior to the EEOC filing suit.
Under the terms of the settlement, Wal-Mart must conduct live,
annual ADA training of management employees in the New Mexico store
where the incident occurred and post a readily visible notice of
the EEOC settlement. Wal-Mart must also report any disability
discrimination lawsuits or charges and disability accommodation
requests by employees to the EEOC.
The lawsuit is reflective of the increased scrutiny that the
EEOC has placed on policies that require employees to return from
medical leaves with "full releases."
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