Walmart Worker’s Claims Over Concussion, Firing Headed to Trial

Walmart Stores East LLP must face trial on whether it failed to accommodate and illegally terminated for excessive absenteeism a digital personal shopper who suffered a non-work related concussion, a Connecticut federal judge ruled.

The Wednesday decision highlights that disability-based job adjustment requests don’t always need to be made prior to a worker’s absences to trigger an employer’s duty to accommodate under federal or state law. That a worker fails to follow the letter of an employer’s accommodation request policy also isn’t dispositive because what matters is whether the employer knew the worker was or might be disabled and needed ...