The Equal Employment Opportunity Commission (EEOC) filed a lawsuit Wednesday March 12 against Wal-Mart Stores of Texas, LLC in a case involving one of their employees.
According to a report by The National Law Review, the store is accused of unequal treatment, harassment, and unjustifiable termination of David Moorman, a manager at a store location in Keller, Texas.
The 54-year-old claims that his supervisor harassed him for several months by calling him insulting names like “old man.” Moorman also shares that the store failed to accommodate his disability, which is diabetes. He requested to be demoted to a simpler management position, but was rejected.
After he had reported both concerns to human resources, Walmart did not take immediate action to solve his issue.
Eventually, Moorman was fired on the bases of his age. However, EEOC also believes that the store discharged him because of his disability.
The lawsuit, which was sent to U.S. District Court for the Northern District of Texas, states that Walmart made the decisions against Moorman without directly warning or confronting him.
EEOC’s Senior Trial Attorney Joel Clark said in a statement how it’s always an employer’s responsibility to make sure their workers are being treated equally:
"Employers should be diligent about preventing and correcting conduct that can amount to bullying at the workplace. They have an obligation to stop ageist harassment after it is reported. The company’s failure to take remedial action to stop the harassment, as well as the denial of a reasonable accommodation for a disability, and the ultimate termination of the discrimination victim demonstrate a disregard for equal opportunity laws. The EEOC is here to fight for the rights of people like Mr. Moorman."
The federal agency says that Walmart violated the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA).
The suit will seek damages in the lost of wages and any injury incurred during Moorman’s time working at the store. EEOC further plans to propose legal policies and systems needed to protect workers against discrimination.
In other related news…
The EEOC may be happy to know that the new modifications made to the Final Rule in Section 503 of the Rehabilitation Act of 1973 will soon take effect.
The rule currently disallows government contractors to discriminate against the disabled in the workplace. However, the Final Rule will ensure that 7 percent of a contractor’s workforce encompasses employees with disabilities.
Tom Perez, secretary of the U.S. Department of Labor, says that the new rule would definitely be a positive solution to the shortage of disabled laborers in the workforce.
“They will benefit veterans and people with disabilities, who belong in the economic mainstream of the nation but have faced unfair barriers in the job market.”
Federal contractors and subcontractors can look forward to these new changes to take effect on March 24.