Ellen Peterson has filed a lawsuit against Wal-Mart Associates, Inc., alleging discrimination and wrongful termination under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The complaint was lodged in the United States District Court for the Northern District of Illinois on November 13, 2024. Peterson claims that Wal-Mart discriminated against her due to her disability, failed to accommodate her needs, harassed her based on her disability, and retaliated against her for exercising her rights under the ADA and FMLA.
The case revolves around Ellen Peterson's employment with Wal-Mart as an order filler since July 29, 2021. Peterson asserts that she has a physical impairment that significantly limits major life activities but was still capable of performing her job duties with reasonable accommodation. Her troubles began when she sought FMLA leave on July 7, 2024, due to a torn ligament in her foot. The process of obtaining approval for this leave was fraught with delays, partly because of difficulties in securing medical appointments and submitting necessary documentation.
Peterson alleges that despite informing Wal-Mart's Human Resources about her condition and providing necessary medical documentation indicating she could return to work with certain restrictions, the company refused to engage in an interactive process required by the ADA. Instead, they insisted she could not return until fully cleared without restrictions. This situation escalated when personal circumstances concerning her father's illness further complicated matters.
On August 18, 2024, after missing a call-off due to distress over family news, Peterson learned that her FMLA request had been denied. She intended to appeal this decision within the allowable timeframe but was terminated by Wal-Mart before she could do so. The company cited attendance issues as the reason for termination, which Peterson argues were unfairly calculated due to their knowledge of her ongoing medical condition.
Peterson accuses Wal-Mart of failing to accommodate her disability reasonably and unlawfully terminating her employment based on discriminatory practices related to both ADA and FMLA violations. She seeks redress through various forms of relief including back pay with interest, compensatory damages for emotional distress caused by harassment and retaliation, punitive damages for willful misconduct by Wal-Mart, as well as attorney fees.
Representing Ellen Peterson is Alexander J. Taylor from Sulaiman Law Group Ltd., while details about Wal-Mart’s legal representation remain undisclosed at this stage. The case is being heard under Case ID: 3:24-cv-50456 in front of judges yet unnamed.