EEOC Sues Wal-Mart for Age Discrimination

The U.S. Equal Employment Opportunity Commission announced via a press release that it has sued Wal-Mart Stores of Texas, LLC for age and disability discrimination. A store manager was discriminated against with harassment, unequal treatment and removal from his job because of his age. The EEOC also says that Wal-Mart violated the anti-discrimination law when it did not fulfill the request of the manager that the store accommodate his disability.

The manager of the store in Keller, David Moorman, was 54 when the issues arose. The EEOC claims that Moorman was often ridiculed by his direct supervisor with taunts of “old food guy” and “old man.” Moorman was also described by the supervisor with sayings such as, “You can’t teach an old dog new tricks.”

Moorman, following months of abuse, reported the issue to the human resources department of Wal-Mart. The EEOC claims that no corrective actions were taken, that the abuse intensified, and that Moorman was eventually fired for his age.

The lawsuit filed by the EEOC also states that Wal-Mart did not accommodate a disability request made by Moorman. At the advice of his doctor, Moorman asked to be re-assigned to a store co-manager or assistant manager position due to his diabetes. Wal-Mart refused his request without consideration or dialogue on the matter.

“Employers should be diligent about preventing and correcting conduct that can amount to bullying at the workplace,” said EEOC Senior Trial Attorney Joel Clark. “They have an obligation to stop ageist harassment after it is reported. The company’s failure to take remedial action to stop the harassment, as well as the denial of a reasonable accommodation for a disability, and the ultimate termination of the discrimination victim demonstrate a disregard for equal opportunity laws. The EEOC is here to fight for the rights of people like Mr. Moorman.”

The regional attorney for the Dallas District Office of the EEOC, Robert A. Canino, said, “The open mockery and insulting of experienced employees who have committed themselves to work for a company are totally unacceptable. It’s unfortunate when supervisors and managers lose sight of the importance of valuing employees. But we are hopeful that a constructive resolution which promotes the common goal of achieving a respectful work environment will emerge from this process.”