do i have a case of discrimination?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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