A Kansas Walmart store is facing legal repercussions after allegedly violating the Americans with Disabilities Act (ADA) by refusing to provide two deaf employees with an American Sign Language (ASL) interpreter while on the job. According to a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on September 8, the store subjected these employees to discrimination based on their disabilities.
Alleged ADA violation
The lawsuit claims that the workers repeatedly requested ASL interpreters for use during orientation, meetings, and other times throughout their employment. However, Walmart allegedly informed them that it could not provide interpreters due to affordability concerns, which is a violation of the ADA’s requirements for reasonable accommodations.
Inadequate accommodations
Instead of providing qualified ASL interpreters, Walmart designated a supervisor to interpret for the plaintiffs. Unfortunately, this supervisor had little knowledge of sign language and was not a qualified interpreter. As a result, the employees faced numerous difficulties in effectively communicating with their colleagues and superiors.
The plaintiffs also requested that Walmart communicate job-related information, such as assignments, in writing. However, the company’s managers frequently failed to effectively communicate in writing and, at times, even refused to communicate in writing altogether. This failure to provide effective accommodations caused confusion and misunderstandings regarding training, disciplinary actions, and assignments, as stated by the EEOC.
Negative impact on employment
The alleged refusal to provide reasonable accommodations significantly impacted the employees’ experience at work. Their ability to perform their job tasks was hindered, and they faced unnecessary challenges due to the lack of adequate communication resources. This ultimately led to their resignations, with the plaintiffs claiming that their decision was primarily based on the adverse conditions they were subjected to.
ADA accommodation requirements
According to the EEOC, the Americans with Disabilities Act requires employers to provide accommodations that enable individuals with disabilities to perform their job, as long as doing so does not pose an undue hardship. This includes providing ASL interpreters or other necessary resources to facilitate effective communication for employees with hearing impairments.
Flexibility in accommodation selection
While an employee’s preference should be given primary consideration when determining accommodations, recent federal court decisions have clarified that employers are not obligated to provide the employee’s accommodation of first choice. As long as the employer offers another effective accommodation that meets the ADA requirements, they are fulfilling their obligation.
Purpose of the ADA
The ADA serves a crucial purpose beyond preventing discrimination against individuals with disabilities. It also aims to ensure that they receive reasonable accommodations, enabling them to become successful and productive members of the workforce. Andrea G. Baran, regional attorney for the EEOC’s St. Louis district office, emphasized this point in a press release announcing the lawsuit against Walmart.
EEOC’s past actions
The EEOC has previously taken legal action against employers who have refused to provide ASL interpreters as a reasonable accommodation. This indicates the agency’s commitment to enforcing the ADA’s requirements and ensuring that employees with disabilities are not denied equal employment opportunities.
The lawsuit against Walmart serves as a reminder of the importance of ADA compliance and providing reasonable accommodations for individuals with disabilities. Companies must understand their obligations to facilitate effective communication and eliminate barriers that hinder the success and productivity of employees with hearing impairments. By doing so, they can create inclusive workplaces that promote equal employment opportunities for all.