Arizona Walmart to Pay $100,000 in EEOC Disability Lawsuit

PHOENIX – Walmart, Inc., the largest grocery store chain in the United States, will pay $100,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the lawsuit, Walmart fired cashier Stevey Wiman from its Bullhead City, Arizona, location because she had seizures causing her to miss work. Walmart’s attendance policy allows for absences to be excused for disability accommodations, but after about two months, human resources personnel told her absences for her seizures would no longer be excused. Wiman submitted a written request for the accommodation as provided in Walmart’s attendance policy, but was fired while the request was still pending, the EEOC said.

The alleged conduct violated the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations for employees with disabilities. The EEOC filed suit (EEOC v. Walmart, Inc., Case No. 3:23-cv-08118-GMS) in U.S. District Court for the District of Arizona after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

The court-approved public decree provides $100,000 to the cashier, and provides a two-year injunction against discrimination and targeted relief, including management and employee training, posting notices, and policy review to prevent future violations of the ADA. In addition, Walmart will report to the EEOC for two years to ensure compliance with the decree.

“Federal law requires employers to provide reasonable accommodations so that employees with disabilities can do their jobs,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District. “This includes making allowances in attendance policies for disability-related absences. The EEOC is committed to making sure employers follow their own policies regarding reasonable accommodation to ensure reasonable accommodations are provided.”

Melinda Caraballo, district director of the EEOC’s Phoenix District Office, said, “Workers with disabilities should not be concerned that their disability will result in discipline or termination on the job – it is important that corporations obey federal laws protecting workers with disabilities.”

More information about disability discrimination is available at https://www.eeoc.gov/eeoc-disability-related-resources.

The EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming and parts of New Mexico.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

Source: U.S. Equal Employment Opportunity Commission (EEOC.gov)