Wal-Mart’s Deliberate Pattern of Discrimination Against Employees With Disabilities Exposed

For Immediate Release
Monday, October 27, 2008

Wal-Mart’s Deliberate Pattern of Discrimination Against Employees With Disabilities Exposed

Wal-Mart Watch Releases New Report: “Reasonable Accommodation-Denied”

Washington, DC - On the heels of the recent passage of the Americans with Disabilities Amendments Act, Wal-Mart Watch today is releasing a report which exposes a conscious strategy by Wal-Mart to flout the Americans with Disabilities Act (ADA) and discriminate against the company’s employees with disabilities.

To accompany the report, Wal-Mart Watch is also releasing a new video in which a mother tells how her daughter, who has a cognitive disability, was essentially terminated when she was required to take a leave of absence while Wal-Mart considered her request for a schedule accommodation.

The report, entitled “Reasonable Accommodation – Denied,” reveals Wal-Mart’s deliberate use of a “leave of absence” tactic to remove employees with disabilities from employment with the company. The report is the culmination of an exhaustive study by Wal-Mart Watch of more than 700 federal discrimination lawsuits filed against Wal-Mart Stores, Inc. since January 1, 2004 to present – including more than 100 filed by persons with disabilities.

In 2001, Wal-Mart was forced to create its own ADA office to oversee compliance with an Equal Opportunity Employment Commission (EEOC) consent decree in response to the company’s numerous ADA violations.  But, an internal ADA office did not fix Wal-Mart’s discrimination problems

“Reasonable Accommodation – Denied” profiles many currently pending lawsuits and reveals two very disturbing trends. First, Wal-Mart intentionally uses a tactic the report describes as the “leave of absence trick” - requiring employees with disabilities to take an unpaid leave of absence as a method for ultimately removing them from employment with the company. Second, Wal-Mart repeatedly refuses to comply with federal law and provide ADA-mandated accommodations for employees and applicants with disabilities.

“This research uncovers a pattern of discrimination against people with disabilities and a complete disregard for the law.  Such behavior is dehumanizing and morally reprehensible,” said Wal-Mart Watch Executive Director David Nassar.

“Wal-Mart is unique in the number and egregiousness of its violations.  The company’s behavior stands out and affects its ability to handle future crises, recruit and maintain a quality workforce, and compete against its rivals,” Nassar added. “Wal-Mart now finds itself buried under a mountain of expensive litigation and bad publicity, which further damages the company’s image and growth potential. A better strategy would be to follow the law and also to treat all employees with the respect they deserve.”

Wal-Mart Watch recently launched a web site, www.walmartspeakout.com, which features stories and comments from real Wal-Mart employees about their experiences working for Wal-Mart.  Some of the employees cite similarly offensive tactics and situations as those exposed in the report. 

The “Reasonable Accommodations – Denied” report will be distributed to all members of Congress, disabilities rights groups and other elected officials and organizations to provide helpful information to ensure the rights of all Americans with disabilities are protected. 

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To view exclusive Wal-Mart Watch video footage of one of the victims of Wal-Mart’s ADA discrimination, click here.

To download the full report, click here.

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