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Failing to comply with ADA may equal workplace discrimination

It is common for people to assume that many individuals with disabilities were born with them. However, a multitude of people, including many in California, develop disabilities later in life due to accidents, injuries or illnesses. As a result, someone could hold a job for a number of years before developing a disability that may need accommodation. If an employer fails to adhere to laws requiring these accommodations, a person could have reason to file a workplace discrimination claim.

It was recently reported that such a claim has been filed in another state against Walmart. Apparently, an employee had developed an undisclosed disability after working as a sales associate with the company. The disability apparently resulted in her losing the ability to carry out the duties associated with her sales position, but she could still work in other positions.

When it came to making accommodations for the woman, Walmart failed to comply with the Americans with Disabilities Act. Rather than searching for a new position for the woman within area stores, the search was only made at her current location. As a result, she was not reassigned and lost her employment though she could have filled a position at another area store. A lawsuit has since been filed against the company to address the issue.

Workplace discrimination in any form can cause considerable issues for employees. Developing a disability can be disheartening in some cases, and when job loss occurs on top of this change, individuals can feel at a considerable loss. If California workers have found themselves in situations where employers have failed to comply with the ADA or carried out other acts of disability discrimination, they may wish to gain information on their legal options for addressing the issues.

Source: nhregister.com, “EEOC sues Walmart for discrimination against Maine worker”, April 27, 2018

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