Transfer to Another Store Location Is A Reasonable Accommodation

            The U.S. Equal Employment Opportunity Commission recently announced that it has filed a lawsuit against Walmart for allegedly failing to provide a disabled employee with reassignment to a position in another location after she became disabled.  The lawsuit claims that Veronica Resendez, who started working for Walmart in 1999, became disabled.  Walmart concluded that the disability prevented Resendez from continuing to work in her current position, Sales Associate, and that she would instead need to work as either a Fitting Room Associate or a People Greeter.  Neither of these positions were available at the store where Resendez worked.  However, Fitting Room Associate positions were available in another store.  The lawsuit further alleges that Walmart maintained a policy wherein it would search for open positions for 90-days only at the store where the employee had been working.  Therefore, Walmart never transferred Resendez, despite Resendez informing Walmart that she was willing to work at other stores.  Such alleged actions are a violation of the Americans with Disabilities Act, which prohibits discrimination on the basis of an employee’s disability.  See EEOC v. Wal-Mart Stores, Inc., No. 1:18-cv-00170 (D. Me.).    

© Voudris Law LLC 2011-2018