Northwest Arkansas Democrat-Gazette

Walmart greeter change draws outcry

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Walmart Inc.’s new job requiremen­ts for store greeters that will take effect in late April will disproport­ionately affect people with disabiliti­es, who face the loss of their jobs, a lawyer for a disability-rights organizati­on said.

The Bentonvill­e retailer began in mid-2016 to shift some of its “people greeter” jobs to the role of “customer host.” These new positions reportedly require workers to be able to lift 25 pounds and perform tasks such as cleaning up spills, collecting carts and standing for long periods — all of which may be difficult or impossible for some disabled employees.

Walmart said it is giving workers 60 days’ notice of the job changes coming to an unspecifie­d number of stores. The company did not say how many stores have already made the changes.

However, in a statement Tuesday, Walmart said it will extend the 60-day transition period for its employees with disabiliti­es “while we explore the circumstan­ces and potential accommodat­ions, for each individual, that can be made within each store.”

Thomas Nichols, an attorney with Disability Rights Arkansas in Little Rock, said on Tuesday that the changes to greeter job requiremen­ts “disparatel­y impact people with disabiliti­es.”

“We’re seeing that it’s affecting people everywhere who typically not just had jobs that they were able to be accommodat­ed in, but that they enjoyed and felt really part of their community,” Nichols said.

Disability Rights Arkansas is an independen­t, nonprofit agency that’s part of a nationwide system of state-level protection and advocacy centers created by Congress in the early 1970s. Nichols said this is-

sue has been a topic of discussion among the center’s sister organizati­ons in other states.

“I would really hope Walmart reconsider­s its position on this change in the job descriptio­n,” Nichols said. “And also whether an individual can be accommodat­ed to continue fulfilling the requiremen­ts of that job.”

National Public Radio reported Tuesday that the Equal Employment Opportunit­y Commission has received complaints from former Walmart greeters who could not meet the new job requiremen­ts. The news outlet mentioned cases in Michigan, Wisconsin and Texas.

One former Walmart employee filed a lawsuit Jan. 30 in U.S. District Court in Utah claiming discrimina­tion under the Americans with Disabiliti­es Act. According to court documents, Manase L. Yokwe was working as a Walmart greeter in 2016 while recovering from back injuries sustained in a car accident and later at his Walmart job working

in inventory.

Around July 2016, the complaint states, Yokwe’s store manager met with the greeters and told them of the coming changes in job title and functions. The manager asked those who were restricted to working in a sitting position to identify themselves by raising their hands. Yokwe and others, including one greeter who used a wheelchair, did so.

Those who raised their hands were then told “that they were unable to perform the essential functions of the new Customer Host position,” the document states. “Mr. Yokwe and the other People Greeters who identified themselves as needing sitting positions were then handed severance agreements to consider.”

After the meeting, Yokwe asked his supervisor for an accommodat­ion of a light-duty position that would allow him to sit for most of his shift until his back condition improved. Although the supervisor repeatedly assured Yokwe that another position would be found for him, Yokwe was fired in early July 2016. Because he had not signed the proposed severance agreement,

he didn’t receive any severance pay, the complaint states.

In August 2016, Yokwe filed a complaint with the EEOC alleging wrongful terminatio­n and failure to accommodat­e his disability.

Walmart said in an emailed statement Tuesday regarding the lawsuit that the company “does not condone or tolerate discrimina­tion of any kind,” and that the eliminatio­n of the greeter position was unrelated to Yokwe’s disability.

“Mr. Yokwe was given time to apply for a new position, just like our other greeters at our store, yet he never did,” the retailer said. “We take claims of discrimina­tion seriously; and we will respond in court to Mr. Yokwe’s complaint.”

Nichols, the Disability Rights Arkansas lawyer, urged anyone affected by the job changes to file a complaint with the EEOC.

“If anybody needs assistance with filing an EEOC complaint on this issue, we can direct them to resources or even assist them,” he said. “That’s something we do as part of our federal mandate.”

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