Walmart Liable for Changing Disabled Employee’s Schedule - SHRM
Takeaway: Employers must exercise caution when making companywide scheduling changes if such changes would adversely affect a person with a disability.
The 7th U.S. Circuit Court of Appeals upheld a $419,663 judgment against Walmart for changing the schedule of an employee with Down syndrome as part of companywide moves.
The employee was born with Down syndrome, which, in addition to presenting with distinct physical characteristics, results in developmental delays and lifelong intellectual disabilities. She was hired by a Walmart store in Manitowoc, Wis., in 1999 and assigned to the domestic department, handling tasks such as folding towels, putting away rugs, and tidying items in the aisles. She worked from noon to 4 p.m. up to four days a week, excluding Thursdays and weekends.
According to a Down syndrome specialist, routine is especially important for someone with Down syndrome. The employee’s sister testified that the employee did not have the mental faculties to process change, so it was extremely difficult to change her habits and routines. Walmart store managers confirmed this, recounting instances in which they tried to assign the employee new tasks and she became confused or did not initially perform the tasks.
Over 15 years, the employee earned positive annual performance evaluations and steady raises. She was rated as a solid performer who met expectations, and she even exceeded expectations in particular areas. She told the evaluator that she liked her job...
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