Crohn’s & Colitis Foundation Makes Statement About Crohn’s Disease Patient Fired from Walmart

April 3, 2023, New York, NY – Last week, the U.S. Equal Employment Opportunity Commission (EEOC) sued Walmart for firing a North Carolina employee with Crohn’s disease after the company allegedly refused to grant her disability-related leave. The EEOC’s complaint accused Walmart of violating the Americans with Disabilities Act in the firing of deli worker Adrian Tucker.

 

“We are sad and appalled about this case where a worker suffering from symptoms of Crohn’s disease was not provided reasonable accommodation,” said Laura Wingate, Executive Vice President of Education, Support & Advocacy, Crohn’s & Colitis Foundation.

 

According to the lawsuit, which seeks back pay and punitive damages, Tucker requested intermittent leave or excused disability-related absences and requested to be transferred to a position closer to a bathroom. Although Walmart excused a few of the associate’s disability-related absences, it did not excuse others, including several absences due to medical appointments and a hospitalization. Tucker, who had worked for Walmart since February 2014, was fired in April 2017 for incurring unexcused absences exceeding the number of absences allowed under company policy, even though she had provided doctor’s notes.

 

“The Americans with Disabilities Act is designed to protect patients with Inflammatory Bowel Disease ( IBD),” said Wingate. “Walmart could have helped the patient use the Family and Medical Leave Act (FMLA) which provides job-protected leave for specified family and medical reasons. In this case, FMLA may have covered her time away from the job for surgery. The Foundation is here to help patients like Tucker. We have resources to help patients request work accommodations and recommendations on how to work with their employer on requests like FMLA.”

 

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About the Crohn’s & Colitis Foundation

The Crohn's & Colitis Foundation is the leading nonprofit organization focused on both research and patient support for inflammatory bowel disease (IBD), with the mission of curing Crohn's disease and ulcerative colitis and improving quality of life for the millions of Americans living with IBD. The Foundation’s work is dramatically accelerating the research process, while also providing extensive educational and support resources for patients and their families, medical professionals, and the public. For more information, visit crohnscolitisfoundation.org, call 888-694-8872, or email [email protected].

 

CONTACT:

Rachel Peifer

E: [email protected]

Crohn's & Colitis Foundation

The Crohn’s & Colitis Foundation is the leading nonprofit organization focused on both research and patient support for inflammatory bowel disease (IBD), with the mission of curing Crohn’s disease and ulcerative colitis and improving the quality of life for the millions of Americans living with IBD. The Foundation’s work is dramatically accelerating the research process, while also providing extensive educational and support resources for patients and their families, medical professionals, and the public.