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Amy Norton TuesdayApr 18 at 11:26am A lawsuit filed by the EEOC on behalf of a 15-year associate, Marlo Spaeth, stated that Walmart had wrongfully terminated Marlo in 2015. Marlo who has down syndrome had been an associate of Walmart since 1999 with no performance issues or concerns in her record until a new scheduling system was implemented in 2014. The new system changed her set schedule and although Marlo called out the concern and need to keep the schedule she had maintained successfully for 15 years, Walmart decided against leaving her schedule as it was and then disciplined her twice for attendance and tardiness before terminating her. Walmart was found to have discriminated against Marlo as they failed to make a reasonable accommodation and honor the same schedule that Marlo had worked for 15 years. Due to her disability, Marlo needed to maintain a very strict daily routine. (Bachman, 2021) Part-time or modified work schedules are listed as one of the reasonable accommodations that employers should meet if the associate is able to perform the work duties of the job. Marlo had been successfully completing the job duties in her set schedule for 15 years. There were no issues with her performance until the schedule change occurred. Marlo did communicate with management the need for the schedule to stay as it had been. (EEOC.GOV) Marlo followed the process to file her concerns with the EEOC upon termination and when Walmart refused to reinstate her employment even though her termination letter stated that reinstatement was possible. (Bachman, 2021) The EEOC would have had to review the details of the complainant’s concerns and then also her disability and determine if she can and had been performing the job duties successfully. Once it was established that Marlo had been successfully performing the job functions with no issues or negative reviews for all the years prior to the change, this was the basis for a case as Walmart denied her a reasonable accommodation to keep her schedule. “The jury awarded $150,000 in compensatory damages for Spaeth’s emotional pain and anguish. Additionally, the jury awarded a whopping $125 million in punitive damages against Walmart.” (Bachman, 2021) These monetary awards are very telling how the jury felt about Walmart’s actions against this former associate. Bachman, Eric. (Jul 21, 2021). Massive $125 Million Verdict Against Walmart in Disability Discrimination Case. Forbes.com. Massive $125 Million Verdict Against Walmart In Disability Discrimination Case (forbes.com)Links to an external site. EEOC. (N.D.). The ADA: Your Responsibilities as an Employer. The ADA: Your Responsibilities as an Employer | U.S. Equal Employment Opportunity Commission (eeoc.gov) Kassandra Sullivan YesterdayApr 19 at 5:48pm In 2022 a man in Philidelphia was terminated from a natural gas well service company, Gas Field Specialists, Inc. He worked there for over ten years and was let go due to a history of having cancer. The company felt the termination was justified and in the employees' best interest. They did not want him to get sick from COVID-19 and have something happen to him. Although the company may have meant well, it is illegal to make employment decisions based on an employee's disability. Terminating the employee due to a history of cancer violated the employee's rights which are protected under the Americans with Disabilities Act. After the EEOC is informed of a violation, they notify the person that made the complaint by mail that they have received it and begin an investigation. The EEOC will update the victim with letters showing what is being investigated. Agencies must complete an investigation in 180 days (Formal complaint & investigation process, n.d.). Once the investigation is finished, the EEOC will mail a copy of the investigation to the person that made the complaint. Once the investigation file is received, the person can decide whether to move forward and take the organization to court. In this case, the EEOC requests that the victim be paid over 150k for lost wages and 10k in compensatory damage (Gas Field Specialists to pay $184,000 to settle EEOC disability discrimination case, 2022). Compensatory and punitive damages could also be a sanction used by the EEOC to punish the organization. Furthermore, the organization may be required to take additional measures to stop discrimination in the workplace moving forward. References: Formal complaint & investigation process. US EEOC. (n.d.). Retrieved April 19, 2023, from https://www.eeoc.gov/federal-sector/formal-complaint-investigation-process Gas Field Specialists to pay $184,000 to settle EEOC disability discrimination case. US EEOC. (2022, August 4). Retrieved April 19, 2023, from https://www.eeoc.gov/newsroom/gas-field-specialists-pay-184000-settle-eeoc-disability-discrimination-case