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EEOC retaliation lawsuit settlement costs Wal-Mark $87,500

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The EEOC announced on January 27, 2014 that Wal-Mart Associates, Inc., and Wal-Mart Stores East, Inc., L.P., doing business as Walmart stores in Albuquerque, has agreed to pay $87,500 and furnish other relief to settle an EEOC retaliation lawsuit that had been filed against the retailer.

The EEOC claims that a Walmart store in Albuquerque, NM refused to hire an employee's adult son and daughter because the employee had filed a sex discrimination charge against Wal-Mart with the EEOC.

"This case involved an interesting and instructive fact pattern -- retaliation against family members because their mother had filed a discrimination charge," said Regional Attorney Mary Jo O'Neill of the EEOC's Phoenix District Office. "The United States Supreme Court in Thompson v. North American Stainless held that employers cannot take adverse actions against employees or their relatives or others close to them because the applicant or employee did the right thing and complained of unlawful conduct in the workplace."

EEOC Albuquerque Area Director Derick Newton said, "Retaliation continues to be a high priority for the EEOC - it always was, and under our national Strategic Enforcement Plan, preserving access to the legal system is especially emphasized. We now receive more retaliation charges than any other kind of discrimination charges -- over 42 percent of our charges contain retaliation allegations. We are pleased that this case could be resolved for the Bradfords and mandates that Wal-Mart train its managers about retaliation."

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