Texas Verdicts

Plaintiff(s):

Equal Employment Opportunity Commission

Plaintiff Attorney(s):

Meaghan L. Kuelbs;
Equal Employment Opportunity Commission;
Dallas,
TX,
for
Equal Employment Opportunity Commission

Defendant(s):

Lowe’s Cos. Inc.

Defense Attorney(s):

Alan J. Marcuis;
Hunton & Williams LLP;
Dallas,
TX,
for
Lowe’s Cos. Inc.

In June 2015, claimant Alan Richards was demoted from a management position to a customer service associate position at a Lowe’s store in Cleburne. Richards suffers from brachial plexus avulsion, a spinal cord injury that substantially limits him in the use of his right arm. Due to his disability, Richards is unable to operate certain power equipment that requires the use of two hands, including a forklift. The Equal Employment Opportunity Commission sued Lowe’s, asserting that it violated the Americans with Disabilities Act. The EEOC faulted Lowe’s for failing to provide Richards with a reasonable accommodation, resulting in his demotion. Richards began working at Lowe’s in May 2006 as a customer service associate. In February 2008, he was promoted to manager of the store’s product service department, and four years later he moved to the position of manager in the tools and hardware department. In October 2012, Richards moved back to the manager position in the product service department. In November 2014, Richards was asked by his supervisor to submit a formal request for accommodation of his disability to address operation of the power equipment. He submitted the written request in early January 2015, and the store approved it through July 2015 pending a final determination. In June 2015, Richards was notified by the store manager that Lowe’s would no longer provide an accommodation to him that would allow him to stay in his department manager position. Richards was then demoted to the customer service associate position. Lowe’s maintained that Richards’ demotion was not based upon his disability, but on other job-related factors.

Richards sought to recover lost earnings and unspecified amounts in compensatory and punitive damages. The demotion resulted not only in the loss of his management authority, but also in a decrease in his hourly rate of pay. The EEOC further sought to have Lowe’s institute anti-discrimination policies and provide training on employee rights under the ADA.

The parties settled for $55,000. Under a three-year consent decree, Lowe’s is required to conduct training on the ADA for employees, managers and human resources personnel at the Cleburne store. Lowe’s also agreed to modify certain terms and conditions related to Richards’ continued employment at the store.

This report is based on information that was provided by the Equal Employment Opportunity Commission. Defense counsel did not respond to the reporter’s phone calls.