Walmart Shoppers Want COVID-19 Disability Class Action Certified

Immunocompromised Walmart shoppers have requested Class certification in a lawsuit alleging disability discrimination during the coronavirus outbreak.

Plaintiff Cheketa McKnight-Nero seeks to represent a Class of immunocompromised Walmart shoppers. McKnight-Nero says that certifying this Class will help hold Walmart accountable for alleged discrimination.

Being immunocompromised means that a person’s immune system is unable to effectively fight infections and diseases like a healthy person can. The immune system can be compromised by autoimmune conditions, HIV, medical treatments like chemotherapy, transplants, and more.

As a result of these and other factors, immunocompromised people are at a higher risk of developing illnesses like COVID-19.

“Plaintiffs are immunocompromised consumers that must shop for necessities during the COVID-19 global pandemic,” McKnight-Nero wrote in her certification motion. “They seek class certification for this action to ensure that retailers like Walmart, provide them equal opportunity to shop safely.”

Like other retailers, Walmart has set aside hours for immunocompromised or other high-risk people to shop during the coronavirus pandemic. However, according to McKnight-Nero, Walmart is unfairly relying on their hired security guards to decide who can shop at their stores during special hours.

Under Walmart’s immunocompromised hours, shoppers over the age of 60 and other people who are vulnerable to coronavirus complications can shop between 6 a.m. and 7 a.m. every Tuesday. Since March, these hours have allowed immunocompromised and high-risk Walmart shoppers to get what they need when the stores are at their cleanest and most-stocked. Drive-thru, curbside pickup, and mail delivery services have also been offered by the retailer to help keep Walmart shoppers safe.

Unfortunately, security guards hired by Walmart have allegedly failed to fairly and accurately admit immunocompromised Walmart shoppers during exclusive hours.

McKnight-Nero is diabetic and has a rare blood cancer known as polycythemia vera, according to her Walmart class action lawsuit. These conditions, amongst others including a history of strokes, should qualify her for Walmart’s exclusive shopping hours, she says.

Despite her status, she was allegedly turned away from a Washington D.C. shopping location in May after a hired security guard didn’t believe that she was immunocompromised. Even though she was able to access the store with the help of police officers and repeated confrontations with the security guard, McKnight-Nero would have allegedly been forced to shop after special hours. Due to the stress and anxiety of shopping with the general public, she was reportedly unable to shop.

“Walmart’s non-uniform policy of relying on security guards to identify who is considered ‘immunocompromised,’ adversely affects those that are disabled, and are not easily identified visually as immunocompromised,” the immunocompromised Walmart shoppers’ class action lawsuit contends.

According to McKnight-Nero, this “arbitrary” policy of allowing security guards to decide who can access special shopping hours unlawfully discriminates against disabled people.

Although exclusive shopping hours are not discriminatory, the way that these hours are enforced is allegedly discriminatory.

As a result, the policy reportedly violates the D.C. Human Rights Act and the federal Americans with Disabilities Act (ADA).

Under the ADA, retailers like Walmart are prohibited from discriminating against disabled customers. This includes discriminatory barriers which stop disabled customers from accessing goods and services along with more overt discrimination against disabled shoppers.

McKnight-Nero says that she and other consumers were discriminated against in violation of the law because they were denied access to early shopping hours despite being disabled.

As such, the Walmart class action lawsuit seeks relief from the court which would stop Walmart shoppers from being discriminated against. The complaint also seeks monetary relief in the form of damages, court costs, and attorneys’ fees.

Walmart has denied the claims against them and has even filed a motion to dismiss the Walmart shoppers’ class action lawsuit. Although the retailer acknowledges McKnight-Nero’s “regrettable” experience with one security guard, Walmart says that this does not count as widespread discrimination against disabled shoppers.

Are you immunocompromised during this coronavirus pandemic? Do you think Walmart shoppers with disabilities should be given reasonable accommodations? Share your thoughts in the comment section below.

McKnight-Nero and the proposed Class of Walmart shoppers are represented by Ikechukwu Emejuru of Emejuru Law LLC and Andrew Nyombi of KNA Pearl LLC.

The Immunocompromised Walmart Shoppers Class Action Lawsuit is Cheketa McKnight-Nero v. Walmart Inc., Case No. 1:20-cv-01541, in the U.S. District Court for the District of Columbia.

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