October 9, 2024
The Seventh U.S. Circuit Court of Appeals, which includes Indiana, Illinois, and Wisconsin, upheld a $419,663 judgment against Walmart for changing the schedule of an employee with Down syndrome as part of companywide moves.
In 1999, the employee was hired by a Walmart store in Manitowoc, Wisconsin. She worked from noon to 4 PM up to four days a week, excluding Thursdays and weekends.
Routine is especially important for someone with Down syndrome, and the employee’s sister testified that the employee did not have the mental faculties to change her habits and routines. Walmart store managers even agreed, recounting instances in which the employee became confused with new tasks.
In November 2014, the Walmart home office changed her schedule to a 1:00 PM to 5:30 PM shift. The employee had difficulty adapting to her new schedule and would often leave an hour or more early without prior notice from some shifts altogether.
The employee’s sister telephoned the staff coordinator and asked that the schedule be switched back because her sister was unable to adjust. She explained that her sister had Down syndrome and could not physically handle working that late. Walmart refused and kept the employee on the new 1 PM to 5:30 PM schedule. After the employee continued to frequently leave early or not show up, Walmart fired her.
The employee’s sister and mother met with several Walmart managers to discuss her termination and asked that she be given her old job back with her prior schedule under the Americans with Disabilities Act (ADA). Walmart declined to reinstate her.
The U.S. Equal Employment Opportunity Commission (EEOC) brought suit against Walmart for not modifying her work schedule. The employee was ultimately awarded $150,000 in compensatory damages, $150,000 in punitive damages, $44,758 in back pay, $5,979 in prejudgment interest, and $68,926 for taxes, for a total award of $419,663.
After Walmart appealed the decision to the Seventh Circuit, the Seventh Circuit upheld the judgment finding significant evidence that Walmart intentionally refused to accommodate the employee’s disability.
If you have any questions about this or any other employment law matter, please contact Dean Leazenby at (574) 294-7491 or dleazenby@warrickandboyn.com.