EEOC Sues Walmart for Alleged Discrimination Against Two Deaf Employees
The complaint, filed in the U.S. District Court for the District of Columbia, accused Walmart management of failing to provide accommodations for two workers who are deaf.
June 01, 2018 at 06:29 PM
4 minute read
A Walmart store in the Middle Atlantic. (Photo: Diego M. Radzinschi/ALM)
Updated 9:39 p.m.
A Walmart store in Washington discriminated against two deaf workers, keeping them from important workplace communication and denying access to translators or comprehensive note-taking for meetings, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed Friday.
The complaint, filed in the U.S. District Court for the District of Columbia, accused Walmart management of failing to accommodate two workers, Troy Miles and Tonya Bland, who communicate primarily through sign language. Miles and Bland worked at a Walmart Supercenter location in northwest Washington.
The lawsuit claimed Miles, who worked in the store from June 2014 to August 2017 as a sales associate and manager, was not given accommodations to, among other things, participate in meetings, including daily meetings for department managers. The complaint alleged Miles requested access to sign language interpreting or comprehensive note-taking for certain meetings.
“The unlawful employment practices complained of herein were done with malice or with reckless indifference to the federally protected rights of Miles,” according to the lawsuit.
Walmart is represented by Littler Mendelson attorneys Dorothy Young and Randi Halbert. The attorneys were not reached for comment. A Walmart spokesman said in a statement: “We do not tolerate discrimination of any kind. We take this seriously and will respond appropriately to the complaint.”
Bland worked in the Washington store from September 2013 to August 2016 as an overnight stocker. She was not provided access to sign language or detailed written notes for meetings and trainings, including new employee orientation, daily group meetings and one-on-one meetings related to personnel matters, according to the lawsuit.
“Bland repeatedly made it known to management that, without accommodations, she could not understand the information being presented. Accommodations requested by Bland that were denied to her included access to ASL interpreting and closed-captioning for video presentations,” the EEOC's lawsuit claimed.
In addition to compensation for the workers, the EEOC is seeking an injunction against Walmart against refusing to accommodate an individual with a disability and an order requiring the company to institute and carry out policies, practices and programs for equal employment opportunities for individuals with disabilities.
The EEOC in September sued a Walmart store in Wisconsin for alleged discrimination against an employee who is deaf and visually impaired.
“Employers have a legal obligation under federal law to work with employees who need accommodations for disabilities,” Gregory Gochanour, regional attorney for the EEOC's Chicago District, said in a statement then. “When companies shirk that obligation, the EEOC will fight to uphold the rights of people with disabilities.”
Walmart, represented by MWH Law Group, has denied the charges.
Read the Washington, D.C., complaint below:
Update: This report was updated with comment about the lawsuit.
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