Walmart has reached a $60,000 settlement in a federal lawsuit that alleged the retail giant discriminated against an employee, Tiffanee Johnson, based on her gender and race, resulting in the denial of a promotion and suitable accommodations for expressing breast milk. The Equal Employment Opportunity Commission (EEOC) filed the lawsuit on behalf of Johnson, who claimed she faced discrimination at Walmart’s Ottumwa store in Iowa.
The alleged discriminatory acts took place around January 2018, shortly after Johnson’s return from maternity leave. After passing the manager’s test and receiving encouragement from Walmart managers, Johnson applied for a pet department manager position. However, she was not selected for the promotion. According to court filings, an assistant manager cited a preference for someone with long-term commitment to the company, suggesting that decision-makers believed Johnson, with small children at home, did not share such commitment.
Discrimination Claims
The lawsuit revealed that Johnson had three more years of experience than the person ultimately selected for the promotion, who did not have small children at home. Additionally, Johnson claimed she was told she could express breast milk in a cluttered storage closet with dead bugs on the floor, while a white employee received a clean management office for the same purpose.
Settlement Terms
The $60,000 settlement includes back payment and compensatory damages, with Walmart agreeing to post a notice of the settlement in their breakroom. Furthermore, the retail giant will conduct training on discrimination for its manager-level employees in Ottumwa and face scrutiny to ensure compliance with the order and discrimination laws for 15 months.
Legal Proceedings
The settlement comes after Walmart’s unsuccessful attempt to prevent a trial in the case. The jury trial was scheduled to begin in Des Moines but was averted due to the agreement reached between the parties.
EEOC Guidance and Employee Concerns
The Equal Employment Opportunity Commission (EEOC) guidance plays a pivotal role in shaping workplace policies and norms, particularly in the context of discrimination against caregivers, including mothers. The 2022 guidance document emphasizes the illegality of employers making hiring or promotion decisions based on assumptions about a woman’s dedication to caring for her young children. This guidance underscores the commitment to eradicating sex discrimination and challenging stereotypical beliefs that can unfairly impact career opportunities for women with caregiving responsibilities.
The EEOC’s stance reinforces the principle that discriminating against a woman due to stereotypes about working mothers constitutes plain and simple sex discrimination. Gregory Gochanour, regional attorney for EEOC’s Chicago district office, stated in an agency press release, “Women with children deserve the opportunity to be judged fairly in the workplace based on their qualifications and abilities, not on assumptions about their commitment to their careers.” This statement reflects a broader effort to promote workplace equality and ensure that individuals are evaluated based on merit rather than outdated stereotypes.
Employee concerns about expressing interest in promotions are further highlighted by survey data. The 2022 Syndio survey reveals that employees, in general, may be hesitant to pursue promotions due to fears about bias or unfair treatment. In addition, a 2021 Indeed report, citing survey data, points out that women are less comfortable than men when it comes to asking employers about promotions and flexible work hours. These findings shed light on the existing challenges and disparities in the workplace, indicating a need for organizations to address these concerns and foster an environment where all employees feel confident and supported in pursuing career advancement.
The reluctance of employees, particularly women, to express interest in promotions is a complex issue tied to concerns about potential bias, discrimination, and the impact of caregiving responsibilities on career opportunities. The intersectionality of gender and caregiving roles brings attention to the need for inclusive policies that recognize and accommodate the diverse needs of employees. Employers must actively work towards dismantling systemic barriers and creating a workplace culture that values diversity, equity, and inclusion.
Walmart’s settlement in this discrimination lawsuit underscores the importance of fair treatment in promotions and accommodations for employees with caregiving responsibilities. The case serves as a reminder for employers to uphold anti-discrimination policies and create an inclusive workplace environment that values employees based on their qualifications and abilities rather than stereotypes about their family commitments.
Disclaimer: This article provides general guidance and information. HR managers should consult with legal experts to ensure compliance with federal, state, and local laws when implementing these strategies.