The Equal Employment Opportunity Commission has filed a lawsuit against Wal-Mart on behalf of a 54-year-old Texas resident from Keller. The man, who worked as a manager for Wal-Mart, says that he was discriminated against and ultimately fired because of his age and disability. The man was diagnosed with diabetes after he began working for Wal-Mart.
The man claims that he was subjected to derogatory comments about his age by his direct supervisor, who would tell him things like "you can't teach an old dog new tricks" and who would call him "old man, old food guy." The employee says that the human resources department took no action when he complained about his supervisor's actions.
The employee's lawsuit states that the employee had asked to be re-assigned to a managerial position after his diagnosis and that he was denied this request by his employers. Wal-Mart refutes the allegations, saying that it provided the employee with reasonable accommodations by granting him a requested leave of absence after he was diagnosed with diabetes.
Employees may file discrimination claims if anyone in their workplace is violating their protections under the Americans with Disabilities Act or Title VII of the Civil Rights Act. Even if an employee was hired despite falling into a protected class, that employee may still have a discrimination case if even one person on the job makes discriminatory remarks or fails to accommodate that person's disabilities. If an employee complains to human resources about a supervisor's discriminatory remarks and human resources fails to act, then an employee may have an even stronger showing of on-the-job discrimination. Employees who feel that they have been discriminated against at work may want to discuss the facts with an employment law attorney to determine whether they may be able to file a claim.
Source: CBS DFW, "North Texas Man, EEOC Sue Wal-Mart For Discrimination", March 14, 2014