10/10/2011 // Los Angeles, CA, USA // Keller Grover LLP // Los Angeles wrongful termination lawyer Eric Grover
Carlsbad, CA (Los Angeles Employment Lawyer News)—Retail giant Wal-Mart, who is no stranger to lawsuits, is now facing another employment lawsuit filed by a former disabled employee who claims she was wrongfully terminated from a local Wal-Mart Supercenter, reports the Los Angeles wrongful termination lawyer, Eric Grover of Keller Grover LLP.
According to information provided by the Carlsbad Current-Argus, the plaintiff, former Wal-Mart employee of 22 years Marcia Arney, and the U.S. Equal Employment Opportunity Commission (EEOC), claim the Carlsbad Wal-Mart location refused to allow periodic breaks, which were at the request of her doctor.
The dispute began when Arney attempted to return to work after a medical leave for surgery that was needed for her disability—cerebral palsy. Arney presented the store manager with a doctor’s note, which stated that she required periodic breaks. The store manager subsequently refused to allow her to return to her job, until she could present a medical release with no restrictions, reports Grover, a Los Angeles employment disability discrimination attorney.
The lawsuit and the EEOC assert Wal-Mart could have accommodated the medical restriction.
“We’re committed to being an employer of choice for people with disabilities,” Wal-Mart spokesman Greg Rossiter said to the Current-Argus. “It’s our policy to work with associates requesting reasonable accommodations in the workplace.”
But the EEOC claims, “Not allowing her to return to her job or even discuss her temporary restrictions meant the loss of a loyal employee and violated the federal law against disability discrimination.”
The employment lawsuit is seeking damages, which includes punitive damages against Wal-Mart, as well as requiring the store to create policies to prevent and correct disability discrimination.
“Actions such as not permitting rest breaks for those with disabilities are a direct violation of the Americans with Disabilities Act of 1990, and a violation of labor laws. If Arney was able to return to work, with the permission of her doctor, then Wal-Mart should have made accommodations to make this possible. Like every other American, Arney has the right to work,” explains the Los Angeles employment attorney.
The employment and disability discrimination lawyers at Keller Grover LLP are experienced in handling employment law cases. If you or someone you love has been a victim of wrongful termination, workplace discrimination or harassment based on race, sex, age, and disability, or you believe your wage and hour rights were violated, contacting a knowledgeable Los Angeles employment lawyer can help get the justice you deserve.
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