A $275,000 disability settlement between the Equal Employment Opportunity Commission (EEOC) and Wal-Mart was reached this week. The settlement was agreed upon after a man was unfairly discriminated against following his cancer surgery.
The Wal-Mart employee underwent surgery for cancer that left him with a weak shoulder. The man was in charge of running a forklift in Tennessee and when he returned from his surgery, he continued to operate the machinery. The man asked his employer, however, if he could refrain from covering a break in the shipping department because it required heavy lifting.
The man’s request was denied. Wal-Mart terminated the man when he complained about the store’s failure to accommodate his disability. The man contacted the EEOC for claims under the Americans with Disabilities Amendments Act of 2008 (ADAAA). The EEOC filed suit in 2010 against Wal-Mart for failure to reasonably accommodate a disability and retaliation against a disabled individual.
Wal-Mart recently settled the claim by agreeing to pay the man $275,000. The consent decree signed by both parties also prohibits the Tennessee Wal-Mart store from ignoring reasonable accommodation requests. The store must post a notice of the lawsuit in the break-room and provide employees with contact information for the EEOC.
Source: TheJobMouse “Wal-Mart to Pay $275,000 for Firing Employee After Cancer Surgery,” 12/21/2011