Aiken Store Revoked Accommodation for Employee to Use Store’s Electric Cart And Then Sent Him Home Without Pay, Federal Agency Charges
AIKEN, S.C. – Wal-Mart Stores East, LP violated federal law when its Aiken, South Carolina retail store failed to provide reasonable accommodation to a part-time sales associate and then placed him on indefinite unpaid leave, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC’s lawsuit, shortly after hiring after Luis Quiñones, who has a disability, Walmart accommodated Quiñones by permitting him to use one of the store’s electric carts to perform his job duties, which included stocking shelves. Approximately seven months later, and several months after Quiñones had completed his probationary period with the use of the store’s electric cart, a new manager told Quiñones he was no longer able to use the cart and sent him home without pay.
Walmart offered no explanation other than telling Quiñones that the store’s electric carts are for customer use only, even though other employees were permitted to use the carts to accommodate temporary injuries. Walmart told Quiñones he would have to provide his own electric cart or transfer to a self-checkout host position. Because Quiñones was unable to purchase and transport an electric cart of his own and is physically not capable of performing the duties of the self-checkout host due to his disability, Walmart placed Quiñones on indefinite...
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