Monday, January 30, 2012

EEOC Gets $275K Settlement With Walmart for Failing to Accommodate Employee After Cancer Surgery

See this article, which begins:
Popular retail store chain Walmart will be paying monetary compensation to settle a disability lawsuit. The settlement, filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of a former employee of the company, will also include nonmonetary relief. 
The EEOC filed the lawsuit back in October of 2010. In the suit, Walmart was charged with a failure to reasonably accommodate an employee who had cancer surgery, rendering the man with a weakness in his right shoulder. The employee had worked at the company’s East Tennessee distribution center #6039 in Midway, TN, for 12 years. Following his surgery, he worked as a forklift driver. He submitted a request and asked that it not be a requirement for the man to cover a 20-minute break in the shipping department, as it would entail manual lifting. The request was denied, and the man’s employment was subsequently terminated. The company claimed that the firing was due to the employee being unable to perform functions deemed essential for the job.

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