Wal-Mart settles age bias, disability discrimination suit

A Wal-Mart Stores Inc. unit has agreed to pay $150,000 to settle an Equal Employment Opportunity Commission lawsuit in which it was charged with harassing, then firing, a Texas store manager because of his age.

The Bentonville, Arkansas-based retailer has denied the charges.

The agency said last week that the supervisor of Keller, Texas store manager David Moorman frequently ridiculed him with taunts including “old man” and “old food guy.”

It said also that after being diagnosed with diabetes, Mr. Moorman requested reassignment to a store co-manager or assistant manager position, but Wal-Mart Stores Texas L.L.C. unlawfully refused this request for a reasonable accommodation and fired him. Mr. Moorman was 54, according to court papers.

Wal-Mart was charged with violating the Age Discrimination in Employment Act and the Americans with Disabilities Act. Under terms of the settlement, in addition to paying Mr. Moorman $150,000, the retailer agreed to provide ADA and ADEA training to its employees.

“Mr. Moorman was subjected to taunts and bullying from his supervisor that made his working conditions intolerable,” said EEOC Senior Trial Attorney Joel Clark, in a statement. “The EEOC remains committed to prosecuting the rights of workers through litigation in federal court.”

Wal-Mart said in a statement it “does not tolerate discrimination of any kind. We respectfully disagreed with the allegations raised by Mr. Moorman and the EEOC. We have continually maintained that we ended Mr. Moorman's employment for job performance issues, and we stand by that. We're pleased to have resolved this with the EEOC.”