Equal Employment Opportunity Commission v. Wal-Mart Stores East LP

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Case 1:23-cv-06902-GRB-AYS Document 84 Filed 12/17/25 Page 1 of 14 PagelD #:

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UNITED STATES DISTRICT COURT dicen
FOR THE EASTERN DISTRICT OF NEW YORK
12/17/2025

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION, U.S. DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

oe LONG ISLAND OFFICE
Plaintiff,

VS. Case No. 1:23-cv-06902-GRB-AYSE
WALMART, INC.,

Defendant.

CONSENT DECREE

1. Plaintiff the United States Equal Employment Opportunity Commission (“EEOC”
or the “Commission’’) filed this action alleging that Walmart Inc. (“Walmart”) engaged in unlawful
employment practices in violation of the Americans with Disabilities Act of 1998 (“ADA”) at the
Walmart Supercenter located at 965 Broadhollow Rd, Farmingdale, NY, 11735 (“Walmart Store
No. 5295”) by failing to provide a reasonable accommodation to Charging Party Donna Livermore
(“Ms. Livermore”) and terminating her employment because of her disabilities. Walmart denies
the allegations that it engaged in any unlawful conduct in violation of the ADA and does not make
any admission of liability by entering into this Consent Decree.

2. In the interest of resolving this matter, and as a result of having engaged in
comprehensive settlement negotiations, the parties have agreed that this action should be finally
resolved by entry of this Consent Decree (hereafter “Decree’’).

3. In consideration of the mutual promises of each party to this Decree, the sufficiency
of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate, and it

is therefore ORDERED, ADJUDGED AND DECREED that:

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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A. 	GENERAL PROVISIONS
4. 	This Decree resolves all issues and claims arising out of or asserted in the above-
captioned civil action and EEOC Charge No. 520-2021-02163. 	Pursuant to this Decree, Ms.
Livermore will execute the release of claims set forth in Exhibit A within ten (10) days of entry of
this Decree. This Decree does not resolve any other charge of discrimination currently pending
before the EEOC, or any charge that may be filed in the future or limit the EEOC’s right to proceed
with the investigation and/or litigation of any other charges and claims. This Decree does not in
any way affect Walmart’s rights to defend against any such charges, claims, or civil actions.
5. 	The terms of this Decree represent the full and complete agreement of the parties.
The parties agree that this Decree may be entered into without Findings of Fact and Conclusions
of Law being made and entered by the Court.
6. 	The EEOC and Walmart agree that this Court has jurisdiction over the subject
matter of this litigation and the parties, that venue is proper, and that all administrative prerequisites
have been met. No party will contest the validity of this Decree or the jurisdiction of this Court to
enforce this Decree and its terms.
7. 	The terms of this Decree are and shall be binding upon the present and future
representatives, agents, directors, officers, successors and assigns of Walmart, and shall include all
Walmart’s officers, directors, managers, agents, successors, assigns, full or partial purchasers, and
any other entity into which Walmart may merge or consolidate.
8. 	No waiver, modification, or amendment of any provision of this Decree will be
effective unless made in writing, signed by both parties, and approved or ordered by the Court.
B. 	DURATION AND SCOPE
9. 	The duration of this Decree shall be for one (1) year from its entry by the Court
(“Term”).
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10. 	The matter may be administratively closed, but will not be dismissed during the
Term of this Decree.
11. 	For the sake of clarity, the terms of this Decree apply solely to Walmart Store No.
5295, unless a specific provision of this Decree expressly states otherwise.
C. 	INJUNCTIVE RELIEF
12. 	Defendant is enjoined from discriminating against any person employed at Walmart
Store No. 5295 on the basis of a hearing disability, in violation of the ADA.
13. 	Walmart is enjoined from failing to provide a reasonable accommodation to any
qualified individual employed at Walmart Store No. 5295 who is deaf or has a hearing disability
under the ADA, unless such accommodation would subject Walmart to an undue hardship under
the ADA.
14. 	Defendant is enjoined from retaliating against any person because of any
protected activity related to this action, including without limitation the giving of testimony or
assistance, or the participation in any investigation, proceeding, or hearing relating to this action
or to this Decree.
15. 	Defendant is enjoined from failing to provide reasonable accommodations to or
discriminating against Donna Livermore on the basis of disability, in violation of the ADA. This
Paragraph applies whether or not Ms. Livermore is assigned to Store No. 5295.
D. 	MONETARY RELIEF
16. 	Within forty-five (45) days of the entry of this Decree, Walmart shall pay Ms.
Livermore the sum of $60,000 (the “Settlement Payment”) in full and final settlement of this civil
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action, U.S. Equal Employment Opportunity Commission v. Walmart Inc., Civil Action No. 1:23-
cv-06902-GRB-AYSE and EEOC Charge No. 520-2021-02163.
17. 	Payment shall be made by issuing a check payable to Ms. Livermore at an address
provided by the EEOC. Such payment shall be made and documented as follows:
a. 	A check in the amount of $30,000, less all applicable tax withholdings, payable to
“Donna Livermore” for claims related to lost wages (reported on an IRS Form W-
2); and
b. 	A check in the amount of $30,000, payable to “Donna Livermore” for claims related
to Section 1981a damages (reported on an IRS Form 1099).
c. 	Within seven (7) days of the check(s) being sent, Walmart shall send the EEOC a
copy of the check and proof of its delivery to Ms. Livermore.
18. 	Neither 	the 	EEOC 	nor 	Walmart 	make 	any 	representation, 	or 	assume 	any
responsibility for any tax liability, assessments, interest, penalties, and/or costs that Ms. Livermore
may or may not incur on such payments under local, state, and/or federal law.
19. 	The EEOC may be required to report the fact of this settlement to the IRS under
Section 162(f) and 6050X of the Internal Revenue Code which allow for certain payments by
employers to be deducted from the employer’s taxes. If the EEOC is required to do so, the EEOC
will provide the employer with the copy of the 1098-F form that it will provide to the Internal
Revenue Services (IRS).
Walmart’s EIN is: 	71-0862119
20. 	The individual to whom the EEOC should mail a copy of the 1098-F, if the EEOC
is required to issue one is:
Name: 	Salvador Simao
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Physical Address: 	Nelson Mullins Riley & Scarborough LLP
330 Madison Avenue, 27th Floor
New York, NY 10017
E. 	TRAINING
21. 	Within sixty (60) days of the entry of this Decree, Walmart will provide training to
human resources personnel and salaried managers at Walmart Store No. 5295. Walmart shall have
the option regarding how to deliver this training, including, but not limited to, via videoconference
or computer-based learning. Such training shall be one (1) hour in duration and must include an
interactive component. Salaried members of management and human resources personnel who are
absent from work due to reasons such as vacation, illness, or leave of absence when the training is
provided can satisfy this provision by viewing a recorded version of the training upon their return
to work. The training shall address the following topics:
a. 	the requirements of the ADA;
b. 	the ADA’s prohibition against discrimination on the basis of a disability, including by
failing to provide a reasonable accommodation unless it would result in an undue
hardship;
c. 	the ADA’s prohibition of retaliation for engaging in activity protected by the ADA;
d. 	Walmart’s reasonable accommodation and/or ADA policy and the processes by which
an employee can request a reasonable accommodation; and
e. 	an explanation of what steps the recipients of the training should take if they receive a
request for a reasonable accommodation or an inquiry for information.
22. 	Walmart shall document employee attendance at all trainings required by this
Decree, including date of attendance. 	Walmart shall maintain copies of these attendance-
verification documents for the duration of this Decree.
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F. 	POSTINGS AND NOTICE
23. 	Within thirty (30) days of the entry of this Decree, Walmart shall post the attached
Notice to Employees, marked as Exhibit B, on its OneWalmart intranet where it will be accessible
to all associates at Store No. 5295.
24. 	Walmart shall certify with the EEOC, in writing, within forty-five (45) days of the
entry of this Decree that the Notices have been properly posted, including identifying the locations
where the Notices have been posted.
G. 	MONITORING AND REPORTING
25. 	On the first day of the sixth month and the first day of the eleventh month of the
entry of this consent decree, Walmart shall provide the EEOC with a report that includes the
following information, to the extent known:
a. 	Requests for Disability Accommodations at Store No. 5295. 	A list of all requests
for disability accommodation by employees at Walmart Store No. 5295 who are deaf
or have a hearing disability under the ADA, which requests Walmart denied in whole
or in part. For each such denied request the report will also include: a brief summary
of each request for accommodation, including the following: the name and job title of
the employee; the date of the request; and an explanation of the reasons for denying the
request.
b. 	Complaints of Disability Discrimination at Store No. 5295. A list of all complaints
or reports by employees at Store No. 5295 who are deaf or have a hearing disability
under the ADA that are known to any of the individual’s managers or People Lead at
Store No. 5295, or that are submitted via Defendant’s Ethics portal. The report will also
include: the name of each person making a complaint or report; and a summary of each
such complaint or report, including the date it was made, the name of the individual(s)
who allegedly engaged in the discriminatory conduct, the results of any investigation,
and any remedial action taken.
c. 	Training Summaries and Attendance Sheets. Where conducted in the prior six (6)
months, a summary of all trainings provided pursuant to Section E, including:
i. 	a certification that such trainings were provided;
ii. 	the date of each training; and
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iii. 	a certification that the employees required by this Decree to attend the training
did so, or the number of such employees who were not trained and when they
are anticipated to receive the required training.
H. 	RECORDKEEPING
26. 	Walmart agrees to maintain during the Term of this Decree such records as are
necessary to demonstrate its compliance with this Decree and to verify that the reports submitted
pursuant to this Decree are accurate, including any materials utilized as part of the trainings
provided pursuant to Section E, above, and including documents that relate to any request for
disability accommodation that was denied or complaint or report of disability discrimination that
is within the scope of Section F, above.
27. 	The EEOC may monitor Defendant’s compliance with this Decree. Upon request,
Defendant will also cooperate in making copies of records relevant to compliance with this Decree
available to the EEOC and in making employees available to the EEOC for interview, for the
purpose of verifying compliance with this Decree, within a reasonable amount of time.
I. 	DECREE COMMUNICATIONS
28. 	Except as otherwise provided for this Decree, all notifications, reports, or other
communications to the Parties pursuant to this Decree shall be made in writing and sufficient as
emailed (or, with advance written permission, mailed) to the following persons (or their designated
successors), or such other alternative persons specified by a party in writing:
For the EEOC: 	Decree Monitor
EEOC Legal Unit
33 Whitehall Street, 5th Floor
New York, NY 10004
Decreemonitor.nydo@eeoc.gov
and
Gena Miller
Trial Attorney
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New York District Office

33 Whitehall Street, Sth Floor
New York, NY 10004
gena.miller@eeoc.gov

For Defendant: Salvador Simao
Nelson, Mullins, Riley & Scarborough, LLC
330 Madison Avenue, 27th Floor
New York, NY 10017
Sal.simao@nelsonmullins.com

J. DISPUTE RESOLUTION

29. _—_ In the event that one party believes the other party has failed to comply with any
provision(s) of the Decree, that party will notify the other party of the alleged breach and the
breaching party must make a good faith attempt to cure any breach of the Decree within fourteen
(14) days of notification (“cure period”). The parties may extend the cure period by agreement.
Following the cure period, either party petition the Court for any appropriate relief to enforce the

provisions of this Decree.

FOR PLAINTIFF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:

Bimberly Cry V7),
GuBEELY CRUY fF

Regional Attorney

U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
New York District Office

33 Whitehall Street, 5th Floor
New York, NY 10004-2112
kimberly.cruz(@eeoc.gov

Office: (929) 506-5345

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FOR DEFENDANT WALMART INC.:
Salvador Simao
Nelson Mullins Riley & Scarborough LLP
330 Madison Avenue, 27th Floor
New York, NY 10017
(908) 758-2785
sal.simao@nelsonmullins.com
SO ORDERED, ADJUDGED, AND DECREED:
Dated:
THE HON. GARY R. BROWN
United States District Judge
/s/Salvador Simao
12/17/2025 /s/ Gary R. Brown
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EXHIBIT A

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RELEASE AGREEMENT
I, Donna Livermore, in consideration for $60,000, payable to me by Wal-Mart, Inc.
(“Walmart”), in connection with the resolution of the lawsuit captioned EEOC v. Wal-Mart, Inc.,
Case No. 23-cv-6902 (E.D.N.Y.), hereby waive my right to recover for any claims arising under
the Americans with Disabilities Act that I had against Walmart prior to the date of this release
and that were included in the claims alleged in the EEOC’s Complaint in that lawsuit.
Date: _________________ 	Signature: ________________________________
Donna Livermore
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EXHIBIT B

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

New York District Office
33 Whitehall Street, 5 Floor
New York, NY 10004-2112
Intake Information Group: (800) 669-4000
Intake Information Group TTY- (800) 669-6820
New York Direct Dial: (929) 506-5270
FAX (212) 336-3625
Website: www.eeoc. gov

NOTICE OF LAWSUIT AND SETTLEMENT

This notice to all employees of Walmart Inc. at the Walmart Supercenter No. 5295
located at 965 Broadhollow Rd, Farmingdale, NY, 11735 (the “Farmingdale Walmart”) is being
posted pursuant to a Consent Decree resolving a lawsuit brought by the U.S. Equal Employment
Opportunity Commission (“EEOC”) against it in federal court in New York.

In its lawsuit, the EEOC alleged that the Farmingdale Walmart violated federal law by
subjecting an employee to disability discrimination in its workplace (E.D.N.Y. Case No. 1:23-
cv-06902). Walmart denied the allegations and averred there were no violations of law.

Walmart has entered into a settlement, which requires it to post this notice and makes
certain other changes.

Under federal law, your employer cannot discriminate against you because of your:

Race

Color

Disability

Sex (including pregnancy, sexual orientation, and sexual harassment)
National Origin

Age (40 and over)

Need for Pregnancy Accommodations

Religion

Genetic Information

Federal law specifically prohibits employers from discriminating against employees and
job applicants based on their disability. Your employer cannot deny employees reasonable
accommodations in the workplace for their disabilities unless that accommodation causes the
employer an “undue hardship” and cannot terminate employees because of their disabilities.
Federal law requires your employer to engage in an “interactive process” with you to determine
whether a reasonable accommodation for your disability exists.

Your employer cannot retaliate against them for requesting an accommodation for a
disability, opposing a discriminatory employment practice, filing a charge of discrimination with
any municipal, state, or federal equal employment agency, or participating in an investigation
into a charge of discrimination.

Walmart will comply with these laws. Walmart will not tolerate any form of illegal
discrimination in the workplace, including failing to accommodate an employee or job
applicant’s disabilities. Walmart will not take action against an employee because they complain

about discrimination in the workplace. Employees who make employment discrimination
complaints are protected by law. Walmart requires that all employees comply with these laws—
including managers.
If you have any complaints or questions regarding employment discrimination, contact the
EEOC at:
(800) 669-4000
U.S. Equal Employment Opportunity Commission
New York District Office
Website: www.eeoc.gov
Date posted: _______________
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE ALTERED OR DEFACED BY
ANYONE OR COVERED BY ANY OTHER MATERIAL
This Notice must remain posted for one (1) year from the date shown above and must not be
altered, defaced, or covered by any other material. Any questions concerning this Notice or
compliance with its provisions may be directed to the U.S. Equal Employment Opportunity
Commission at the number listed above.
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