Failure to Provide Reasonable Accommodations under ADA, get the Check Ready for $5.2 million!

Persons with disabilities have equal rights in the balance with healthy people. Concept of social equality of disabled people in society
Elga Lejarza-Penn, aPHR, PHR, SPHR, SHRM-CP, SHRM-SCP, GPHR

Jury Awards $5.2 Million Against Walmart in EEOC Disability Discrimination Case after determining that the company violated federal law when it refused to accommodate the disabilities of a longtime employee, and awarded $5.2 million in damages.

According to the EEOC’s lawsuit, an employee, who has a developmental disability and is deaf and visually impaired, worked as a cart pusher in the company for 16 years before a new manager started at the store. In his first month, the new store manager suspended the employee and forced him to resubmit medical paperwork in order to keep his reasonable accommodations. Prior to the suspension, the employee performed his job with the accommodation of assistance from a job coach provided by public funding. The employee’s conditions had not changed, the EEOC said.

If you would like to learn more about the laws surrounding reasonable accomodations under the Americans with Disability Act (ADA) as well as laws that that do or could impact you as an HR Professional while earning continuing education credits towards your SHRM or HRCI certification please join me at one of my upcoming Certificate Program Trainings on topics such as FMLA, ADA, Pregnancy Descrimination, Employment Laws, Interviewing Skills, OSHA and Sexual Harassment Prevention.

If you would like to learn more about our SHRM-CP®, SHRM-SCP®, aPHR™, PHR®, SPHR® Exam Prep Courses and Boot Camps please check out our upcoming Exam Prep Trainings and check out our Student Testimonials and Success Stories.

When the employee and his legal guardian submitted new medical paperwork, requesting the continued accommodation of assistance from a job coach, the store cut off communication and effectively terminated him, the EEOC charged.

After a 3½-day trial, the jury found in favor of the EEOC and awarded the employee $200,000 in compensatory damages and an additional $5 million in punitive damages.

Employers have a legal obligation under federal law to work with employees who need accom­modations for disabilities. Yes, it is OUR obligation to remove the barriers, the obstacles preventing individuals with disabilities from performing the essential functions of the job and to stop discriminating this vulnerable segment of the population.

Elga Lejarza-Penn, aPHR, PHR, SPHR, SHRM-CP, SHRM-SCP

If you would like to learn more about the laws surrounding reasonable accomodations under the Americans with Disability Act (ADA) as well as laws that that do or could impact you as an HR Professional while earning continuing education credits towards your SHRM or HRCI certification please join me at one of my upcoming Certificate Program Trainings on topics such as FMLA, ADA, Pregnancy Descrimination, Employment Laws, Interviewing Skills, OSHA and Sexual Harassment Prevention.

If you would like to learn more about our SHRM-CP®, SHRM-SCP®, aPHR™, PHR®, SPHR® Exam Prep Courses and Boot Camps please check out our upcoming Exam Prep Trainings and check out our Student Testimonials and Success Stories.

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