Arkansas Democrat-Gazette

Agency claims bias by retailer

Walmart denies unfair climate

- SERENAH McKAY

federal agency is suing Walmart Stores Inc., claiming the retailer discrimina­ted against pregnant workers at a Wisconsin warehouse. Walmart already faces class-action lawsuits in New York and Illinois on behalf of thousands of pregnant employees at its stores.

The Equal Employment Opportunit­y Commission’s suit, filed last week, claims the Bentonvill­e retailer violated the federal Pregnancy Discrimina­tion Act of 1978 prohibitin­g workplace discrimina­tion against pregnant women. In 2015, the U.S. Supreme Court ruled the law requires employers to provide pregnant workers with the same accommodat­ions as it does for disabled employees.

Walmart spokesman Randy Hargrove said in an email Monday that the company denies the allegation­s in the Wisconsin suit and believes it “is not suitable for class treatment.” The company has also denied the similar claims in the Illinois and New York lawsuits.

“We do not tolerate discrimina­tion, and we support our associates by providing accommodat­ions every day across all of our stores, clubs, distributi­on centers and offices,”

Hargrove said. “Our accommodat­ions policy has been updated a number of times over the last several years and our policies have always fully met or exceeded both state and federal law and this includes the Americans with Disabiliti­es Act and the Pregnancy

Discrimina­tion Act.”

The suit filed in the U.S. District Court, Western District of Wisconsin, states Walmart failed to accommodat­e Alyssa Gilliam’s pregnancy-related medical restrictio­ns in 2015 with job modificati­ons like those provided non-pregnant workers, such as “light duty” available to employees with work-related injuries.

As a result, the suit states,

Gilliam lost her benefits, had to reduce her hours and was forced to take unpaid leave. The suit includes a class of other women who were pregnant while working at the warehouse in Menomonie, Wis., between 2014 and October 2017.

The EEOC requests a judge order Walmart to comply with the Pregnancy Discrimina­tion Act, provide back pay with interest to

Gilliam and other plaintiffs, and pay compensati­on for past and future losses resulting from noncomplia­nt practices, in amounts to be determined at trial.

It also seeks punitive damages.

The suit is Equal Employment Opportunit­y Commission v. Wal-Mart Stores East, LP, d/b/a Wal-Mart Distributi­on Center #6025.

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