Wal-Mart Stores to Pay $72,500 in Disabilities Discrimination Case

 
Tuesday, November 4, 2014
 

Wal-Mart Stores East, L.P., will pay $72,500 and provide significant equitable relief to settle a federal disability discrimination lawsuit.

According to the EEOC's suit, an assistant store manager at the Walmart store in Cockeysville, Md., offered Laura Jones a job as an evening sales associate, contingent on Jones passing a urinalysis test for illegal drugs. After Jones advised that she cannot produce urine because she has end-stage renal disease, the assistant store manager told her to ask the designated drug testing company about alternate tests, the EEOC said. According to the complaint, Jones went to the drug testing facility the same day and learned that the facility could do other drug tests if the employer requested it. Jones relayed this information to the Walmart assistant store manager, but management refused to order an alternative drug test. Jones's application was closed for failing to take a urinalysis within 24 hours.

Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit (EEOC v. Wal-Mart Stores East, LP, Civil Action No. 1:14-cv-00862-JKB) in U.S. District Court for the District of Maryland, Baltimore Division, after first attempting to reach a voluntary pre-litiĀ­gation settlement through its conciliation process.

In addition to providing $72,500 in monetary relief to Jones, the 30-month consent decree resolving this lawsuit provides substantial equitable relief, including enjoining Wal-Mart from taking any future adverse employment actions on the basis of disability and failing to provide reasonable accommodations. Wal-Mart will revise its applicant drug screen form to advise applicants that alternate drug screens will be available as a reasonable accommodation for applicants to whom a conditional offer of employment has been made in the Cockeysville store whose physical condition prevents them from producing urine and how to request a reasonable accommodation. Wal-Mart East shall provide training on the ADA and the revised drug screen form to its market and regional human resources directors, as well as to people with hiring responsibility at the Cockeysville store. The company will also furnish other remedial and preventive measures. Wal-Mart East will also post a notice regarding the resolution of this lawsuit.

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