Charles Goods was hired by Walmart in Greenville Tennessee in 1997 to work at a warehouse as a forklift operator. After being diagnosed with thyroid cancer, he had surgery, during which some of the nerves in his right shoulder were severed. This resulted in permanent loss of strength and feeling in his right arm, making it difficult if not impossible to lift with that arm. Mr. Goods returned to work after the surgery and continued to successfully fulfill his job requirements until 2008. That year, a supervisor asked him to fill in during a co-worker’s 20-minute break. The co-worker’s job required lifting and Mr. Goods informed the supervisor that he could not comply.
At the supervisor’s direction, he filed a request for reasonable accommodation, which informs the employer of the disability and is supposed to initiate a conversation between the employer and employee regarding the nature of the disability and what steps need to be taken to accommodate the employee. Mr. Goods included the fact that he had been successfully fulfilling his job requirements for the duration of his employment, including the three years after the surgery that caused his condition. According to the complaint filed by the Equal Employment Opportunity Commission (EEOC), Walmart did not discuss anything with Mr. Goods, but rather placed him on leave for 90 days and was ultimately told to find another position that did not require manual lifting. Six months later, after filing a discrimination charge, he was terminated by Walmart.
According to the Americans with Disabilities Act of 1990 and the amendments passed in 2008 in the Americans with Disabilities Amendments Act, it is unlawful to deny an employee reasonable accommodation and to retaliate against an employee for filing a discrimination lawsuit. According to the EEOC, Walmart failed to comply with both of these items, and filed a civil suit in 2010 on behalf of Mr. Goods.
In December 2011, Walmart settled with Mr. Goods. He was awarded $110,000 for wages lost in 2009 and 2010 and $165,000 in compensatory damages. Compensatory damages in this case most likely included additional loss of income and emotional distress. This type of damages is meant only to return the plaintiff to the place he was before the incident, not to punish the defendant. According the EECO, the following terms were also included in the settlement:
“In addition to the monetary relief, the 18-month consent decree settling the suit enjoins Wal-Mart’s distribution center #6039 from further failing to provide reasonable accommodation, absent undue hardship, or following proper procedures for handling such requests per the ADA and ADAAA. In addition, the decree requires that Wal-Mart provide anti-disability discrimination training to its management staff; maintain records of any accommodation requests and furnish them to the EEOC; and post a notice to employees about the lawsuit that includes the EEOC’s contact information. Wal-Mart has revised and amended its accommodation policy, which it distributed to all employees, to address accommodation issues.”
The Americans with Disabilities Act protects individuals with disabilities from being discriminated against in many areas, including in the workplace. As this case shows, an individual may become protected by this act after he has been employed by a company for an extended period of time. Indiana and Kentucky employment attorneys are able to assist those who are disabled when they are applying for employment as well as those whose status changes after they have been employed for a period of time. If you are experiencing employment discrimination of any kind, contact an attorney at Miller & Falkner to assist you.
Wal-Mart to Pay $275,000 to Former Employee Fired after Cancer Surgery; EEOC; December 16, 2011