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Statesville retailer pursued by the EEOC

April 2023 employment law letter
Authors: 
Richard Rainey, Womble Bond Dickinson (US) LLP

The U.S. Equal Employment Opportunity Commission (EEOC) not only investigates charges of discrimination but also sometimes files lawsuits to enforce the laws it oversees. EEOC lawsuits are a matter of public record, as well as the topic of press releases. The public nature of these cases gives us insight into the issues the EEOC finds important to litigate and, because any settlements are also public, insights into the dollar value of these claims.

A recent lawsuit filed by the EEOC in the U.S. District Court for the Western District of North Carolina alleging a violation of the Americans with Disabilities Act (ADA) shows us the type of case the EEOC will pursue.

The facts

According to the EEOC’s complaint, Adrian Tucker worked for a Wal-Mart in Statesville. She began working for the store as a full-time sales associate at the facility on or around February 11, 2014. She worked in the deli department, and her job duties included slicing meat and cheese, taking customer orders, taking catering orders over the phone and in person, preparing food items for the hot bar, lifting boxes of chicken that weighed up to 50 pounds, operating and cleaning equipment, and handwashing dishes.

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