EEOC Sues Sam’s Club for Disability Discrimination

The U.S. Equal Employment Opportunity Commission recently filed a disability discrimination lawsuit against Sam’s East, Inc. and Walmart Inc., which together operate a chain of warehouse club retail stores known as Sam’s Club. According to the EEOC, the companies violated federal law when they refused to reasonably accommodate an employee with disabilities. The employee was later fired because of her disabilities, according to charges filed by the EEOC.

The EEOC contends that the longtime Sam’s Club employee sought to return to her associate position at its Douglasville, Georgia store in June 2022 following a medical leave of absence after an automobile accident. The accident left the employee with post-concussion syndrome, upper back pain, muscle spasms, and chronic lower back pain. The lawsuit indicates that the employee sought minor, temporary adjustments to her duties as a reasonable accommodation for her disabilities.

Shortly after returning to work and performing one shift, the employee was informed by her supervisor that she could not work with restrictions and would need to take another leave of absence until she could work without restrictions. The employee then sought additional leave, providing Sam’s Club with a date by which she would be able to return to work without restriction. Sam’s Club ultimately denied the employee’s request for medical leave and then fired her. The general manager of the store told her that the company would not accommodate her injuries because they occurred outside of work. But the law doesn’t care where the injuries occurred and the employer should have known better.

Such conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination against those with disabilities. The EEOC filed suit in the U.S. District Court for the Northern District of Georgia after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

Understanding disability discrimination lawsuits 

According to the EEOC, disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because of their disability. The ADA forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.

An individual with a disability is entitled to request a reasonable accommodation. When an employee or job applicant requests job modifications, the law requires employers in the private, federal, state, and local government sectors to provide reasonable accommodations to employees who have or had an impairment that substantially limits a major life activity unless doing so would cause an undue hardship for the employer. An example of a reasonable accommodation would be to make the workplace accessible to wheelchair users. Employers are only allowed to deny reasonable accommodations when they can prove it would create an undue hardship. Undue hardship means that the accommodation would be too difficult or expensive to implement in light of the employer’s size, financial resources, and the needs of the business. An employer cannot refuse to provide an accommodation just because it has some cost associated with it.

Talk to an Atlanta, Georgia Disability Discrimination Lawyer Today 

If you’ve been denied a reasonable accommodation for your disability by your employer, call the Atlanta employment law attorneys at Forsythe Law Firm, LLC today to schedule an appointment, and learn more about how we can help you recover compensation from your employer for breaking the law.

Source:

eeoc.gov/newsroom/eeoc-sues-sams-club-disability-discrimination