The U.S. Equal Employment Opportunity Commission (EEOC) announced that Sam’s East Inc. and Walmart Inc., operators of Sam’s Club, have agreed to a $60,000 consent decree to resolve an EEOC lawsuit alleging disability discrimination.
The lawsuit claimed that a former employee, Patrice Campbell Joseph, was denied reasonable accommodations and subsequently terminated after attempting to return to work following an automobile accident. Under the consent decree, the companies will pay Joseph a total of $60,000 in full and final settlement of all claims raised in the suit.
In addition to the monetary settlement, Sam’s Club will implement two annual mandatory training programs for all salaried managers, supervisors, and human resources personnel at the Douglasville, Georgia, location. The training will emphasize employee rights and employer responsibilities under the Americans with Disabilities Act (ADA), including that “the source of any disability is irrelevant to whether an employee is entitled to a reasonable accommodation.”
The consent decree also requires Sam’s Club to provide the EEOC with periodic reports regarding future denials of accommodation requests at the Douglasville store, including explanations for any denials. Notices informing employees of their rights under the ADA will be posted throughout the store.
“EEOC is pleased that Sam’s Club will take concrete steps to ensure employees understand their rights under the ADA,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. Darrell Graham, district director of the EEOC’s Atlanta Office, added, “Employers are obligated to reasonably accommodate employees with disabilities rather than terminate them. The EEOC remains committed to enforcing the ADA and ensuring equal access to employment for Americans with disabilities.”
Neither Sam’s East nor Walmart admitted any wrongdoing in connection with the ADA allegations.
The EEOC was represented in the case by Marcus Keegan, Lakisha Duckett Zimbabwe, Robyn M. Flegal, and Fahad A. Khan of the Atlanta District Office. Sam’s East and Walmart were represented by Terri R. Stewart, Myra K. Creighton, David P. Lerner, and Matthew T. Sharon of Fisher & Phillips LLP.
