July 2019 E-Newsletter

Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice

Second Circuit Court of Appeals Says Walmart Must Answer
for Workplace Discrimination Claims
Former Walmart Employee Achieves Victory,
Has Race and Disability Discrimination Case Reinstated

In reversing the ruling of the lower court, and following a successful argument before the Circuit panel by the Law Offices of Frederick K. Brewington, on July 11, 2019, the Second Circuit Court of Appeals has given the green light for an important discrimination lawsuit to proceed against Walmart.

Chloe LeGrand, a Cuban-African-American female with developmental delays and other disabilities, while working as a Walmart employee in Middle Island from February 2013 to August 2014, suffered serious and outrageous acts of workplace discrimination. Her supervisors, including the store's general manager, used racial epithets when referring to Ms. LeGrand and her mother, Angelina Mims. These comments were repeatedly witnessed and reported by Ms. LeGrand’s co-workers. Ms. LeGrand and Ms. Mims later reported these comments to Walmart's corporate office. After filing the complaint, Ms. LeGrand faced even more abuse and discrimination at the hands of her supervisors. Ms. LeGrand and her mother were called "porch monkeys" and "nigger," among other racial slurs. In addition, in an act of abuse and retaliation, one supervisor told other workers that Ms. Mims was not Ms. LeGrand's real mother. Again, the plaintiffs reported the comment to the corporate office and to the manager. After filing this complaint, one of the supervisors disclosed personal medical information and told the employees of Ms. LeGrand's medical condition.

Ms. LeGrand requested a transfer to another store, but, unlike her white co-workers, her request was denied. In August 2014, she asked for Fridays and Saturdays off so she could attend school. Her supervisor said her hours could not be changed and that she would "have to either quit school or her job." Meanwhile, in another act of retaliation, the supervisor said she would not do anything for Ms. LeGrand because "her mother almost made me lose my job."

After Ms. LeGrand and Ms. Mims called the corporate office to complain, the supervisor told the other employees about her disability and called her "retarded." She also admitted to retaliating against Ms. LeGrand because of the complaints filed against her. Shortly thereafter, Ms. LeGrand was forced to resign her position due to "abuse" and "a hostile work environment," and enrolled in school.

On July 11, 2019, the United States Court of Appeals for the Second Circuit supported Ms. LeGrand's employment discrimination claim pursuant to Title VII, the Americans with Disabilities Act, § 1981 and the New York State Human Rights Law. The Court also ruled that her hostile work environment and retaliation claims were plausible.

Mr. Brewington argued the case before the Second Circuit Court of Appeals, along with the United States Equal Employment Opportunity Commission, who appeared amicus curie. With Mr. Brewington on the brief was Deborah H. Karpatkin, Esq.

Click here to view the Decision of the Court.

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