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The
EEOC said Walmart illegally demoted Calvin Hagan for missing too
much work at a Raleigh, North Carolina store because of seizures
caused by his generalized convulsive epilepsy, and then
illegally fired him for violating its attendance policy.
The lawsuit was filed three days after the EEOC sued Walmart for
firing Adrian Tucker, a deli worker in a Statesville, North
Carolina store, because she had too many "unauthorized" absences
related to her Crohn's disease, an inflammatory bowel condition.
Walmart did not immediately respond to requests for comment on
Hagan's case. It has said it does not tolerate discrimination
and takes allegations of workplace discrimination seriously.
Hagan began working at the Raleigh store in June 2012 as a
cashier, and rose to become a general merchandise support
manager.
The EEOC said Walmart demoted Hagan to deli sales associate in
April 2018, one year after his seizures began, and fired him
four months later after a supervisor had warned him to "watch"
his absences.
It said the seizures caused Hagan to lose consciousness, bite
his tongue or have bowel movements, and the Bentonville,
Arkansas-based retailer should have accommodated his requests
for time off.
"Employees with disabilities should be able to seek medical
treatment without fear of losing their jobs," EEOC lawyer
Melinda Dugas said in a statement.
Both lawsuits accused Walmart of violating the Americans with
Disabilities Act, and sought back pay and punitive damages.
The case is EEOC v Wal-Mart Stores East LP, U.S. District Court,
Eastern District of North Carolina, No. 23-00160.
(Reporting by Jonathan Stempel in New York; editing by Edward
Tobin)
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