EEOC SUES WALMART FOR DISCRIMINATORY HIRING PRACTICES


Blog# 10022019

My reading of the press release dated today, 10/2/2019 from the EEOC: EEOC Sues Walmart for Discriminatory Hiring Practices at Oklahoma Distribution Center

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

ENFORCEMENT GUIDANCE:
DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)


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