Blog# 10022019
Retail Giant Refused to Allow Job Applicant to Take Pre-Hiring Physical Assessment Test Due to Obvious Disability, Federal Agency Charged
ST. LOUIS – Wal-Mart Stores East, LP violated federal law when it declined a job applicant the opportunity to take a pre-hiring physical assessment test and did not hire the applicant, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the lawsuit, the applicant, who was born with her right arm ending at the elbow, sought a Freight Handler position at Wal-Mart’s Distribution Center in Ochelata, Okla. She had warehouse experience lifting items up to 200 pounds without the use of a prosthetic. The applicant successfully interviewed for the position and watched a video demonstrating the physical assessment test. When asked whether she needed an accommodation to take the assessment, the applicant declined. Wal-Mart nonetheless did not allow her to take the assessment without a prosthetic.
Such alleged conduct violates the Americans with Disabilities Act, as amended (ADA). After first attempting to reach a pre-litigation settlement through its conciliation process, the EEOC filed suit (EEOC v. Wal-Mart Stores East, LP, Civil Action No. 4:19-cv-00524) in U.S. District Court for the Northern District of Oklahoma. The agency seeks monetary damages, training on anti-discrimination laws, posting of anti-discrimination notices at the worksite, and other injunctive relief.
Resources
EEOC SUES WALMART FOR DISCRIMINATORY HIRING PRACTICES AT OKLAHOMA DISTRIBUTION CENTER
Facts About the Americans with Disabilities Act
ADA Resources
- EEOC Enforcement Guidances (formal policy guidance about key ADA issues)
- EEOC Resources About the ADA (User friendly Q&As, fact sheets, etc. – be sure to scroll down to the bottom of the page)
- EEOC Charge Data
- Recent EEOC Litigation-Related Developments Under the ADA
Heidi Macomber 