do i have a case of discrimination?
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do i have a case of discrimination?
hi. i work at walmart. i have worked there for 2 yrs. i have told almost every
manager that i come into contact that i have a hearing disability. one of the
assistant managers disrespected my disablility. told me it wasnt his problem. i
haven’t had much support with any of them as far as my hearing . i was just
wondering if i had a case against walmart for something like that?
Asked on January 21, 2017 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
IF you told this manager's supervisor (or HR) about his disrespecting your hearing disability and they fail to do anything about it, so that it happens again (after you informed upper managment or HR), you may have a claim for disability-based discrimination. The employer's obligation is to take steps to prevent discrimination or harassment based on disability, so once they know there's an issue, if they won't do anything about it, they can become liable.
If you need some reasonable accommodation for your hearing--some change in rules or procedures, for example--which is not too expensive or disruptive to the employer (they only have to do what is "reasonable"), then that could also give rise to a disability-based discrimination claim. Again, you first have to put them on notice--e.g. ask for a *specific* accommodation--then, if it's not granted and it was reasoanble, there could be liability.
If you feel that your employer is discriminating by not granting an accommoation or not addressing disability-based harassment, contact the federal EEOC about filing a complaint.
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