COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is tele-commuting, but is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us through telephone, email and video-conferencing. Please call or email us to discuss your options.
When Life Gives You Lemons,
Don't Settle For Lemonade

Sam’s Club in West Virginia accused of disability discrimination

| Aug 19, 2019 | Uncategorized

Discrimination laws protect people with disabilities in the workplace. Employers cannot treat people differently because of a disability. They must treat all their employees equally. And employers must accommodate those with a disability who want to work.

In a West Virginia Sam’s Club, an employee who requires a wheelchair faced possible discrimination when the store changed the responsibilities of her job.

Sam’s Club cut hours after not accommodating job roles

The employee worked as a greeter at the entrance of the store. Sam’s Club’s corporate office changed greeter job duties. After changing the duties, they were unable to accommodate the role to her disability. They moved the woman to the customer service desk. But when her disability prevented her from working at the desk, the store allegedly stopped scheduling her for shifts.

Possible disability discrimination

A Sam’s Club spokesperson confirmed that the store had not fired the employee. But cutting hours due to disability could mean the company discriminated against her. If an employee with a disability is willing to work, the store must try to accommodate the employee in some way so that the employee has an equal access to work. Cutting hours or firing employees with disabilities because they can’t do a job without accommodation is illegal.

Laws protect workers with disabilities

Both federal and West Virginia state laws protect employees with disabilities. As a large employer, Sam’s Club has a responsibility to make sure the employee has a job that fits what she is able to do. Instead of cutting hours, they should have worked with her to ensure that she had access to a role that accommodated her limitations.

These laws make sure that people with disabilities have access to jobs without discrimination.

If your rights were violated by an employer or company, we want to hear about it. Our friendly staff and team of attorneys will treat you with respect, listen to your story and lay out all available options. Whether it’s better to settle out of court or take matters before a judge, you can rest assured knowing we will only do what’s in your best interests.