Tag: Walmart

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Disability Discrimination in the Workplace: Know Your Rights

Disability discrimination, Age discrimination wrongful termination lawyers - Helmer Friedman LLP.

Disability Discrimination Workplace Guide

Workplace disability discrimination is a troubling issue that affects millions of Americans, causing significant distress and challenges for individuals who simply want to thrive in their jobs. Despite the existence of federal and state laws aimed at protecting workers with disabilities, many still grapple with harassment, denial of necessary accommodations, and hostile environments solely because of their physical or mental impairments.

Recent legal actions shed light on the harsh realities faced by these individuals. In September 2025, the Equal Employment Opportunity Commission (EEOC) took a stand by filing a lawsuit against Walmart Inc. for subjecting employees with intellectual disabilities to disturbing harassment, including degrading remarks like “stupid” and “slow.” Additionally, the denial of essential job coaching services added to their struggle, underscoring how pervasive and varied disability discrimination can be. This situation illustrates the profound impact of such treatment, creating unbearable conditions for these employees who deserve respect and support in their workplace.

Understanding your rights under federal and state disability laws is crucial for protecting yourself and creating truly inclusive workplaces.

Legal Framework Protecting Disabled Workers

Two primary laws protect employees from disability discrimination in the workplace.

The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees and prohibits discrimination in hiring, firing, promotion, compensation, and other terms of employment. The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities.

At the state level, California’s Fair Employment and Housing Act (FEHA) provides even broader protections, covering employers with five or more employees. FEHA often offers stronger remedies than federal law and may cover conditions not protected under the ADA.

Both laws share a common principle: qualified individuals with disabilities cannot be excluded from employment opportunities unless they cannot perform essential job functions even with reasonable accommodations.

Common Forms of Disability Discrimination

Harassment and Hostile Work Environment

Disability harassment creates a hostile work environment through offensive comments, slurs, or demeaning treatment. The Walmart case illustrates this clearly—employees faced repeated verbal abuse, including being called derogatory names and having managers shut doors on them while saying, “You are slow. You are stupid. You are done.”

Denial of Reasonable Accommodations

Employers must provide reasonable accommodations that enable employees with disabilities to perform their jobs effectively and efficiently. These accommodations might include:

  • Modified work schedules or duties
  • Assistive equipment or technology
  • Job coaching services
  • Accessible workspaces
  • Medical leave for treatment

The Walmart case also involved denial of accommodations when managers refused to cooperate with job coaches provided at no cost through Wisconsin’s Division of Vocational Rehabilitation.

Unequal Treatment in Employment Decisions

Disability discrimination can manifest in hiring practices, job assignments, promotions, or terminations based on assumptions about a person’s capabilities rather than actual job requirements.

Employer Obligations Under the Law

Employers have specific legal obligations when working with employees with disabilities.

Providing Reasonable Accommodations

Companies must engage in an interactive process to determine appropriate accommodations. This means having genuine discussions about what modifications would enable the employee to perform essential job functions without causing undue hardship to the business.

Maintaining Confidentiality

Medical information about disabilities must be kept confidential and stored separately from personnel files. Employers cannot share this information with other employees unless necessary for accommodation purposes.

Preventing Harassment

Employers must take prompt action to stop disability harassment when they become aware of it. Simply ignoring complaints or deciding that harassment “isn’t a problem” violates federal law.

Employee Rights and Protections

Workers with disabilities have several important rights in the workplace.

Right to a Non-Discriminatory Environment

Every employee deserves a workplace free from discrimination and harassment based on their disability status. This includes protection from retaliation for reporting discriminatory conduct.

Right to Request Accommodations

Employees can request reasonable accommodations at any time during their employment. The request doesn’t need to use specific legal language—simply explaining that you need assistance due to a medical condition is sufficient to start the accommodation process.

Steps to Take When Discrimination Occurs

If you experience disability discrimination:

  1. Document everything – Keep detailed records of discriminatory incidents, including dates, witnesses, and specific comments or actions
  2. Report internally – Follow your company’s complaint procedures if they exist
  3. File with government agencies – Contact the EEOC or state fair employment agencies
  4. Seek legal counsel – Consult with experienced disability discrimination attorneys who understand your rights

Building Inclusive Workplaces

Creating truly inclusive work environments requires more than legal compliance. The most successful companies proactively foster cultures of respect and accommodation, recognizing that diverse perspectives and abilities strengthen their organizations.

Employees who face disability discrimination shouldn’t have to navigate these challenges alone. If you believe you’ve experienced discrimination, harassment, or been denied reasonable accommodations because of your disability, contact experienced legal counsel to discuss your rights and options. Taking action not only protects you but also helps ensure that other workers don’t face similar treatment.

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Walmart Pays Over $400k to settle Sexual harassment, Retaliation Lawsuit

The law ensures a workplace free from sexual harassment -Helmer Friedman LLP.

In a distressing yet all too familiar case, Walmart has once again found itself under the spotlight for failing to adequately protect its employees from sexual harassment and retaliation. This time, the retail giant has agreed to pay $415,112 to settle a lawsuit involving severe sexual harassment and retaliation at its Lewisburg, West Virginia store. The case highlights a recurring issue within Walmart’s vast network of over 2.1 million employees, where allegations of misconduct by managers have not only been ignored but, in some instances, led to wrongful termination of those who dared to speak out.

The lawsuit brought to light appalling behavior by a former store manager who subjected female employees to unwelcome and offensive sexual behavior. This included crude sexual innuendos, requests for sexual acts in exchange for workplace favors, and an egregious demand that a female employee expose her breasts. Despite receiving multiple complaints, Walmart reportedly failed to act decisively, leading to a female employee being fired after she opposed the harassment and filed a formal complaint.

“Employers have a duty under federal law to take prompt, reasonable action to stop sexual harassment and prevent it from happening again,” said EEOC Philadelphia District Office Regional Attorney Debra M. Lawrence. “Diligent investigations – which include considering relevant past complaints against an alleged harasser, thoroughly interviewing coworkers and others who may know about the work environment, and not demanding supporting witnesses or an admission of wrongdoing as a general prerequisite for taking action – are essential to compliance with that legal duty.”

Such conduct is a clear violation of Title VII of the Civil Rights Act of 1964, which expressly safeguards employees from harassment and discrimination based on sex. Furthermore, it protects them from any form of retaliation for standing up against such inappropriate actions. This isn’t the first instance of Walmart employees resorting to legal action to enforce these rights, and unless large settlements significantly impact Walmart’s $648 billion revenue, it may not be the last.

The settlement agreement requires Walmart to pay monetary relief and adhere to several non-monetary measures aimed at preventing future harassment. This includes barring the rehiring of the implicated manager, mandating specialized training for conducting thorough harassment investigations, and ensuring that investigations are led by personnel with no conflicts of interest.

This case underscores the critical importance of not dismissing inappropriate managerial behavior in the workplace. Every time a perpetrator manages to evade consequences for their illegal actions, it only serves to embolden them, potentially leading to repeated offenses. If you find yourself in a similar situation, do not hesitate to contact a dedicated sexual harassment attorney to protect your rights and seek justice. No one should face such maltreatment in their place of work, and speaking up is a vital step towards making a change.

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Title VII of the Civil Rights Act of 1964: A Lifeline Protecting Mothers From Workplace Discrimination

Discrimination based on gender stereotypes women with children is illegal. Call gender discrimination lawyers Helmer Friedman LLP.

Title VII of the Civil Rights Act of 1964 has been a reliable shield for many employees in the past and continues to hold its significance in our society today. It is a federal law that serves as a powerful weapon against sex discrimination, especially for mothers who are often subject to baseless stereotypes in the workplace.

An example that stands out is the recent case lodged against Walmart by the U.S. Equal Employment Opportunity Commission (EEOC). As the case revealed, a dedicated employee was denied a well-deserved promotion to a department manager position due to sex stereotypes. The reasons for overlooking her promotion revolved around her young children, implying that she may not be as committed or dedicated to advancing her career. Such stereotypes are exactly what Title VII of the Civil Rights Act of 1964 aims to fight against.

“Discriminating against a woman because of stereotypes about working mothers is sex discrimination, plain and simple,” said Gregory Gochanour, the regional attorney for the EEOC’s Chicago District Office. “Women with children deserve the opportunity to be judged fairly in the workplace based on their qualifications and abilities, not on assumptions about their commitment to their careers.”

This landmark legislation not only prohibits employers from discriminating against individuals on the basis of sex, but also race, color, religion, and national origin. The law has been instrumental in protecting mothers from facing discrimination in the workplace. It ensures that they are given equal opportunities for recruitment, hiring, promotion and training.

The settlement follows an earlier ruling by the court rejecting Walmart’s motion to end the case without a trial. The court’s decision on the case highlighted that a promotion decision taken based on sex stereotypes was unjust. The courts referenced a U.S. Supreme Court case that unraveled the harmful sex stereotype presumption — that women are primarily mothers and secondarily workers. This presumption was deemed impermissible and countered the rights provided through Title VII.

The outcome of this lawsuit served as another win for Title VII, with Walmart agreeing to pay a sizable compensation of $60,000 to the aggrieved employee. Further, in an effort to prevent future discrimination, they committed to providing training that focuses on federal laws prohibiting sex discrimination and to report any further complaints to the EEOC.

This case serves as a clear reminder of how vital Title VII of the Civil Rights Act of 1964 is in ensuring a fair and non-discriminatory playing field for mothers. It eradicates stereotypes, ensuring women are acknowledged for their skills, qualifications, and abilities rather than unfairly judged based on their circumstances. Discrimination against women, particularly rooted in stereotypes of working mothers, is regarded as sex discrimination, and this law serves as a bulwark against it.

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Walmart Pays $87,500 to Settle Unlawful Retaliation Lawsuit

Walmart settles Retaliation Lawsuit.

Two Adult Children Were Unlawfully Rejected for Jobs Because of Mother’s Prior Sex Discrimination Complaint

A settlement has been reached in a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) against Wal-Mart Associates, Inc. and Wal-Mart Stores East, Inc., L.P. (doing business as Walmart stores in Albuquerque) for retaliation. The lawsuit claimed that Walmart Store #835 on Eubank in Northeast Albuquerque refused to hire Ramona Bradford’s adult son and daughter for entry-level positions because Ms. Bradford had filed a sex discrimination charge against Wal-Mart with the EEOC.

Retaliation against employees because of their opposition to discrimination or participation in protected activity, such as filing a discrimination charge, violates Title VII of the Civil Rights Act of 1964. The EEOC also alleged that Ramona Bradford was a victim of retaliation because her two adult children were being denied employment because she was complaining about discrimination and her charge filing.

The consent decree settling the suit provides for monetary relief for the Bradfords, as well as an injunction prohibiting retaliatory practices, training for managerial employees on retaliation, and posting a notice advising employees of their rights under Title VII.

Retaliation continues to be a high priority for the EEOC, which receives more retaliation charges than any other kind of discrimination charges. The EEOC is pleased that this case could be resolved for the Bradfords and mandates that Wal-Mart train its managers about retaliation.

Eliminating policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes or that impede the EEOC’s investigative or enforcement efforts is one of six national priorities identified by the EEOC’s Strategic Enforcement Plan (SEP).