daughter worked there 12 year.worked in pain due to a congenital malformation of her ankle.Her leg started giving way and she falls.She had surgery in Oct 2009 with 2 large screws and bone graft.Her long term care disability has told her after wal mart left her go that it only covers her for a year unless the doc says she is permanently disabled.She has worked since h.school.she has no training other that standing jobs.he is an *** and wal mart said they didn’t have any sit down jobs.which is a lie.That *** hole doc had the nerve to shake her hand and say “good luck finding a sit down job” which I thought was callous and heartless.She also has nerve damage in her hands verified from nerve conduction test and has being seeing a psychologist for her anxiety and depression.He also says she has PM-SD.Social security denied her but an appeal is pending.I thought the American Disabilities Act protected her What can we do
Regarding Discrimination Against Disabled Employee By Wal Mart?
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Well as far as i know an employer cannot fire a person for having a disability. You should consider filing a human rights complaint. Employers have to accommodate persons with physical disabilities.
If she is in a wheel chair she still can even work as a cashier. I agree with you that there is no excuse for discrimination against persons with physical disabilities. And again, employers have to accommodate disabled persons. They cannot fire someone for having a physical disability.
Walmart is the largest employer in the world. It is also the employer that most discriminates and not just against people with disabilities. If will have to file a suit and Walmart has high paying lawyers that will win. You cannot win against Walmart unless you join a case action – and than it will be years – decades before it is over. This is why people should not shop at Walmart – no matter how hard it is not to – it is funding discrimination.
Get the media involved, especially MSNBC and tell them exactly what you told us. MSNBC loves stories like this and they hate Wal-Mart with a fierce passion. MSNBC makes Wal-Mart look bad every chance they get.
The link to contact MSNBC is below: http://www.msnbc.msn.com/id/10285339
Good luck!
the daughter (adult) can follow up with her HR manager & the appeal process with the company. she can provide all proof & documentation.
If there are no “sit down” jobs available at the Wal-Mart where she worked it, I think it would be a reasonable accommodation to have her transferred to a nearby walmart that has a sit down position (no pun intended) available. If that’s not possible, and the only jobs available at the walmart where she worked requires alot of standing, then she needs to get a job elsewhere. It’s not discrimination if she can’t do her job due to something that’s not Walmart’s fault happening to her. It’s like what happened to my old barber, he suffered nerve damage in his hand, as a result of which, he was unable to continue cutting hair. He voluntarily left the barbershop, because he knew hair cutting wasn’t a viable mean to make a living for himself anymore. But had he not left on his own accord the barbershop wouldn’t have been out of line if the fired him because he was unable to perform essential duties regarding his job. It appears that this is the same sort of scenario. And the same logic applies here as well.
The ADA only protects you, if you’ve been discriminated against. This doesn’t seem like discrimination. It seems that your daughter simply cannot perform the required tasks that her previous job entailed.
The prior answer pointing out that Walmart is a notoriously awful employer is accurate. However, I wouldn’t be discouraged against filing a complaint. You don’t say what your daughter’s job was or whether she could perform it sitting down or with other accommodations. Even if that’s not possible, transfer to another, vacant position for which she is qualified is a possible accommodation. And it is highly unlikely that a huge employer like Walmart doesn’t have such positions.
Your daughter should consider filing a complaint either with the EEOC or, perhaps better, with the comparable agency in your state. There are likely to be organizations that assist with disability discrimination cases in your state. You can contact your state’s protection & advocacy agency by using the following website: http://www.ndrn.org. They should be able to provide advice, assistance, or referrals.