Walmart has agreed to pay out $230,000 to settle allegations of ADA violations presented by the U.S. Equal Employment Opportunity Commission (EEOC). The retailer was accused of discriminating against a deaf applicant who requested an American Sign Language (ASL) interpreter for the interview process at a Walmart in Decatur. The EEOC’s hiring discrimination case against Walmart is a stark example of how employers are expected to make accommodations for differently abled candidates, and it showcases how differential treatment, even in the initial stages of the hiring process, can invoke serious allegations of unfair treatment.
The lawsuit against Walmart suggested that it violated the ADA by failing to fairly consider a deaf applicant or provide an ASL interpreter. (Image: Pexels)
The EEOC’s Lawsuit Against Walmart Brings Allegations of ADA Violations Against the Employer
The lawsuit against Walmart was filed in the U.S. District Court for the Central District of Illinois, and it gives us an in-depth look into the importance of workplace accommodations. According to the EEOC, a deaf job applicant applied for a stocking position at a Walmart in Decatur, Illinois. An associate who was managing the hiring process and screening the applicant soon reached out to the job seeker to set up an interview for the role.
When the deaf applicant requested that an ASL interpreter be arranged for the interview process, they were informed that the associate would work on arranging one for them. The lawsuit states that the associate never followed up after, and when the candidate tried to check for an update on the interview, none were to be found. Soon after, three other job seekers were hired for the position, and the applicant never heard from Walmart thereafter.
The EEOC accused Walmart of discrimination in its hiring process, stating that this was a violation of the Americans with Disabilities Act (ADA). The federal regulation requires employers to make any reasonable accommodation for job seekers and employees with disabilities, as long as it does not cause undue hardship to the employer.
Walmart’s Alleged Failure to Provide ASL Accommodations Comes with a Hefty Settlement
Walmart filed a motion for summary judgment, but after it was dismissed, the case was set to go to trial next month. Instead of a drawn-out legal battle, the employer agreed to a settlement of $230,000. In addition to this, the retailer must also ensure it provides such accommodations to applicants in the future and keep a contact list of ASL interpreters at the Decatur outlet. Additionally, employees at the location in charge of hiring must also undergo training to ensure they know how to accommodate deaf applicants and employees in the future.
While this marks an end to the Walmart lawsuit and the ADA allegations that came with it, the case serves as a reminder that employers need to pay attention to their hiring process and ensure that all practices are within regulation. Training for the hiring team is always paramount, and so is building up a repertoire of strategies on how to attend to more complex hiring scenarios or who to turn to when such questions come up.
Limitations in the hiring process can often suggest limitations in the support employees can expect to see on the job, and this can cause an organization to lose out on securing talent.
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