W2 Issues/Concerns


Blog

Check out our weekly blog posts and see the latest news and discussions happening in the HR world of business.

The $90,000 reason you need to adequately accommodate disabled workers

Wal-Mart recently agreed to pay a former long-term employee $90,000 to settle a disability discrimination lawsuit after the discount retailer failed to provide adequate accommodations.

The lawsuit, which was filed by the US Equal Employment Opportunity Commission, charged that Wal-Mart violated federal discrimination laws when the giant retailer terminated an intellectually disabled employee at one of its Wal-Mart stores in Illinois.

The man, who had worked at Wal-mart since 1994, required a written list of daily tasks as a workplace accommodation for his intellectual disabilities, which were diagnosed in childhood. For years, Wal-Mart provided this list and the employee was able to satisfactorily complete the tasks required of his job. However, at some point, the discount retailer decided to stop providing the list.

The employee was subsequently terminated after Wal-mart claimed that he failed to perform certain job duties. However, the EEOC charged that the employees purported failure to perform certain job duties was due to Wal-Mart no longer providing him with his daily duties list.

In addition to the $90,000, the retailer signed a two-year decree under which it must also provide additional, non-monetary relief intended to improve the Wal-Mart workplace, including training employees on disability discrimination and requests for reasonable accommodations under the ADA.

Commenting on the case, Julianne Bowman, EEOC’s district director in Chicago, notes that “Employers must provide disabled employees with reasonable accommodations if they are necessary to enable the employee to perform his or her essential job duties. Here, a simple written list would have provided [the plaintiff] with the accommodation he needed, and he wouldn’t have been terminated.”

The bottom line? Accommodations for disabled employees needn’t be complicated, but they do need to be made and kept up with in order to remain compliant with the Americans with Disabilities Act.

 

 

HR Managers: Discover how to effectively tackle business challenges with a PEO
Small Business: Discover how Abel HR can help your business.

Featured BLOGS

  • It’s Almost Holiday Time: HR Pitfalls to Think About (Awareness stage, small biz)

    Big-box stores already have Christmas decorations out among the Halloween décor, so this is a reminder that it is time to start planning the annual holiday party. The time-honored tradition of the company holiday party is an opportunity to not only thank your team for another 365 days of top-notch service (and your clients), but also time to boost morale and forge friendships between co-workers that might not otherwise have cause to interact on a day-to-day basis. Now, that’s not to say that there isn’t pitfalls to getting employees together after hours. We’ve all heard the horror stories about someone

  • What is the Key to Employee Retention?

    A staggering 3.5 million Americans quit their job EACH MONTH in 2008—marking the highest rate of turnover since the oh-so-fun recession of 2001, according to a recent report from the National Bureau of Labor Statistics. Further, analysts believe that the trend will continue as workers continue to grow weary with stagnant wages and the threat of yet another economic recession. Luckily, LinkedIn dug in its heels and flipped the tables, this time to figure out what makes workers want to stay. Topping that list, rather surprisingly, was the concept of continued learning. Indeed, 94% of workers suggested that they would

Archives

FSA | Commuter New Employee Abel Portal Time Clock