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A Long Island Walmart did the right thing in 2017 when it accommodated an employee with hearing, speech and cognitive impairments so she could better understand her work assignments. As a result, the employee was able to perform well, rated as providing “valued performance.”
Yet, in 2020, new Walmart managers discontinued the accommodations, later terminating the employee for insubordination over an ensuing conflict.
The Equal Employment Opportunity Commission sued Walmart for disability discrimination under the Americans with Disabilities Act and settled for $60,000. The retailer is also required to train managers and HR personnel on the ADA and reasonable accommodations, submit compliance reports to the EEOC, and post notice of disability rights and the settlement on the bulletin board.
EEOC regional attorney Kimberly Cruz observed: “Federal law prohibits firing an employee because of a disability or the need for a reasonable accommodation. If an employer’s unlawful failure to accommodate a disability leads to an employee’s termination, the firing itself may also be unlawful under the Americans with Disabilities Act.”
TAKE-AWAYS:
Unless there is an undue hardship, employers must reasonably accommodate disabled employees to facilitate their job performance. When management changes, employers should ensure the new bosses do not eliminate those accommodations.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Helena Kobrin
March 13, 2026
If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.
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