Disability Discrimination Suit Filed Based on Lifting Restriction

Woodman's Food Markets Inc., a Janesville, Wisconsin-based grocery store operator, violated federal disability discrimination law by firing an employee due to her lifting restriction, EEOC charged in a lawsuit.

According to John Rowe, EEOC Chicago district director whose jurisdiction includes Wisconsin, the agency’s administrative investigation preceding the lawsuit revealed Woodman’s Food fired long-time employee Kimberly McMillan-Goodwin from her position as a clerk at a company gas station in Beloit. (WCxKit)

McMillan-Goodwin had a lifting restriction preventing her from lifting over 10 pounds. Even with the restriction, Rowe said, McMillan-Goodwin successfully performed her duties in her position for years. When McMillan-Goodwin returned to work after an unrelated leave of absence due to injuries from a car accident, Woodman’s claimed it had changed the position so she now could no longer perform her job with her long-standing restriction, and that it had no other positions available for the employee within her performance capacity. Woodman’s then placed McMillan-Goodwin on a one-year leave of absence, after which it terminated her employment.

Such alleged conduct violates the Americans with Disabilities Act (ADA), protecting employees and applicants from discrimination based on disabilities. The lawsuit, filed in U.S. District Court for the District of Western District of Wisconsin in Madison (Equal Employment Opportunity Commission v. Woodman’s Food Markets, Inc.; Civil Action No. 10-cv-562), was brought only after the agency first attempted to reach a voluntary settlement with the employer through the EEOC’s conciliation process.(WCxKit)

In this case, the EEOC is seeking injunctive relief barring discrimination, and will seek back pay and compensatory and punitive damages on McMillan-Goodwin’s behalf.

“It is unfortunate that some managers still act as if it’s acceptable to deny jobs to people who are ready and able to work, simply because of a disability — especially when the people they put on the street have a history of long, loyal successful performance,” said John Hendrickson, regional attorney for the EEOC’s Chicago District. “It really runs against most people’s sense of fundamental fairness and, beyond that, it violates federal law. That is why we are in this case and intend to pursue it as far as necessary.”