EEOC Sues Wal Mart on Cancer Survivor’s Behalf

A Wal Mart store allegedly removed an employee’s chair that she used as an accommodation for her cancer–and now the retailer finds itself staring at an Americans With Disabilities Act lawsuit.

The Equal Employment Opportunity Commission said it filed the ADA lawsuit in response to the actions of Wal Mart’s store in Hodgkins, Illinois. The store had reasonably accommodated employee Nancy Stack’s request that the company provide a chair in her work area in the fitting room and limit her scheduled work hours because treatment for bone cancer in her leg limited her ability to walk and stand, the EEOC said.

After complying with her scheduling accommodation for many months, the store revoked it for no reason, according to the EEOC. And the store did not ensure that a chair was in Stack’s work area, at one point telling her that she had to haul a chair from the furniture department every day, which was of course hard for her to do given her disability. Finally, the store transferred Stack from the fitting room to a greeter position, which did not comply with her restrictions on standing.

Adding insult to injury, a co-worker harassed Stack by calling her names like “cripple” and “chemo brain,” imitated her limp, and removed or hid the chair the employee needed in her work area. Stack complained repeatedly, but the store took no action to stop the co-worker’s harassment.

This double-whammy of disability bias and retaliation has landed the retailer in court.

Read more about the case.

 

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