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As Walmart continues its legal battle over discrimination charges, a lawyer accuses the company of repeatedly failing to accommodate disabled workers

Oct 17, 2021, 12:57 IST
Business Insider
A Walmart store in the Midwest. New court filings said some of the company's disabled employees faced "discrimination and difficulties." Sue Ogrocki/AP Photo
  • Walmart employees with disabilities faced "discrimination and difficulties," a court filing said.
  • A lawyer said she represented six employees with claims against Walmart, CNBC reported.
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A lawyer said in a court filing on Friday that Walmart's discrimination against disabled employees was more widespread than a single case.

CNBC first reported the news.

Monica Murphy, a lawyer with Disability Rights Wisconsin, said in a court filing that she represented six Wisconsin residents "who experienced varying degrees of discrimination and difficulties because of disability" as Walmart switched to computerized scheduling.

Murphy's filing, which has been viewed by Insider, was made as part of the ongoing legal dispute between the retail giant and the US Equal Employment Opportunity Commission (EEOC), which is representing a woman with disabilities who worked at Walmart.

A federal jury in July awarded $125 million in damages to the woman, Marlo Spaeth, of Wisconsin, finding that Walmart had violated the Americans with Disabilities Act when it fired her. A judge later lowered those damages to the limit, $300,000.

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Murphy, who was not involved in Spaeth's case, said in her Friday court filing that she's represented six Wisconsin Walmart employees with disabilities since that case was filed in 2017.

"We are reviewing the filing," a Walmart spokesperson told Insider via email. "We take supporting all our associates seriously and for those with disabilities, we routinely accommodate thousands every year."

Among the employees Murphy represented was one who had worked only four-hour shifts because of a disability. But when Walmart started using a computerized scheduling system, the employee was bumped up to eight-hour shifts, the filing said.

"When she requested an accommodation, she was put on unpaid leave for twelve weeks and told to seek a new position within her restrictions," Murphy wrote. The employee was eventually accommodated, but "those twelve weeks of unpaid leave caused unnecessary hardship," Murphy wrote.

Murphy's statement was one of several documents filed on Friday as part of the EEOC's lawsuit against Walmart in US District Court in the Eastern District of Wisconsin.

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The EEOC added 261 pages of supporting documents, including details of other discrimination claims brought against Walmart.

The EEOC wrote that Walmart needed additional supervision.

"Moreover, Walmart's statement that 'there is no evidence of other ADA complaints against Walmart similar to the EEOC's allegations' is simply incorrect," the agency's lawyers wrote.

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