The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit on September 8th alleging the Olathe, Kansas Walmart store violated the Americans with Disabilities Act (ADA). According to the EEOC, Walmart failed to provide reasonable accommodations for two deaf employees who worked as overnight stockers and subjected them to disability discrimination.
The two employees requested American Sign Language (ASL) interpreters during new hire orientation, staff meetings, and other work events in 2019 but Walmart refused due to cost concerns. Instead, Walmart designated a supervisor who was not fluent in ASL to interpret. This resulted in the employees missing critical safety and job information shared verbally in meetings.
The employees also asked Walmart to provide written versions of assignments and job information. However, managers frequently did not communicate information in writing as requested. The lack of accommodations led to confusion about training, discipline, and work duties according to the EEOC.
For example, one employee received a write-up they did not understand due to unclear communication about the reason. Both employees resigned in November 2021, claiming it was due to the alleged discriminatory conditions.
The ADA requires employers to provide reasonable accommodations for employees with disabilities, including hearing impairments, unless it poses an undue hardship. Providing ASL interpreters is a common accommodation. While employers can choose between effective options, they must still select an accommodation that fully meets the employee’s needs.
In a statement, Walmart said it is reviewing the EEOC complaint and will respond in court as appropriate. Walmart also said it has been a top employer for people with disabilities for years and does not tolerate discrimination.
The EEOC has previously sued other employers for failing to provide ASL interpreters as a reasonable accommodation under the ADA. This includes an active lawsuit against Walmart for ending the job application process for an applicant who asked for an ASL interpreter for their interview.
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