West Virginia Record

Thursday, April 2, 2020

Walmart employee with MS alleges she was denied accommodations

State Court

By Marian Johns | Jan 30, 2020

Walmart

WILLIAMSON – A Walmart employee with MS is claiming the company refused to grant her accommodation and tried to move her to a part-time shift with no benefits. 

Elizabeth Davis filed a complaint in Mingo Circuit Court against Walmart Stores East and two individuals alleging violation of the Kentucky Civil Rights Act, extreme and outrageous conduct and negligent training and supervision. 

Davis, who has been diagnosed with multiple sclerosis, began working for Walmart on Aug. 19, 2004, as a cashier at the South Williamson, Kentucky store. In 2018, Walmart instituted a "core scheduling" system that scheduled employees' specific hours for a set period of time. After being placed on a night shift core schedule, Davis claims Walmart refused her accommodation to be put back on days because she could not drive at night due to MS. She also alleges she was offered a part-time job that would cause her to lose her medical coverage.

Davis seeks monetary relief, a trial by jury, interest and all other appropriate belief. She is represented by Nathan Brown of Ferrell & Brown PLLC in Williamson. 

Mingo Circuit Court case number 19-C-165

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Mingo Circuit Court