West Virginia Record

Monday, October 21, 2019

Jury trial scheduled for discrimination suit against Wal-mart

Federal Court

By Kyla Asbury | Aug 21, 2019


HUNTINGTON — A jury trial is scheduled in a lawsuit against Wal-mart alleging it violated the Americans with Disabilities Act.

The jury trial is scheduled for April 27, 2020, at 9 a.m. before Federal Judge Irene C. Berger. A pretrial conference is scheduled for April 15, 2020. A proposed integrated pretrial order must be submitted by April 1 and mandatory mediation must be held at least 30 days prior to the pretrial conference.

Summary judgment and other dispositive motions must be submitted and served before Jan. 27, according to the scheduling order.

Previously the defendant filed an answer to the complaint, denying all the allegations against it.

"Walmart did not fail to provide (Chanda) Adkins with reasonable accommodation for her alleged disability in violation of the Americans with Disabilities Act of 1990, West Virginia Human Rights Act, or West Virginia common law because it offered her effective alternative accommodations," Walmart's answer states.

Chanda Adkins filed a complaint in U.S. District Court for the Southern District of West Virginia against Wal-Mart Stores East LP, alleging violation of the West Virginia Human Rights Act.

According to the complaint, Adkins who suffers from multiple sclerosis, was illegally terminated from her employment at the Wal-Mart store in Beckley on March 20, 2017.

The suit says Adkins has incurred damages including lost income and benefits, humiliation, loss of enjoyment of life, emotional distress and damage to her professional reputation. 

The plaintiff alleges Wal-Mart Stores East has failed to provide reasonable accommodation and retaliated against Adrins by terminating her for filing an EEOC complaint and for continuously requesting reasonable accommodation.

Adkins seeks trial by jury, all damages, attorney fees, court costs and disbursements and all other additional, just and proper relief. She is represented by attorneys Brandon S. Steele of The Law Offices of Brandon S. Steele in Beckley, and by Anthony M. Salvatore of Hewitt & Salvatore PLLC in Fayetteville.

Wal-mart is represented by Eric E. Kinder and Chelsea E. Thompson of Spilman Thomas & Battle.

U.S. District Court for the Southern District of West Virginia case number 5:18-cv-01358

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