KANSAS CITY – A former employee has filed a lawsuit against Wal-Mart, claiming that he was wrongfully terminated and banned from the premises based on his race and disabilities.
Herman Harris filed his complaint in federal court against Wal-Mart Stores East LP citing racial discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
According to court documents, Harris is a Black man with disabilities including schizophrenia, bipolar disorder, PTSD and ADHD. He was employed by Wal-Mart as a stocker at a location in Springfield, Missouri, starting around March 1, 2023. Harris claims Wal-Mart was aware of Harris's race and disabilities at the time of his hiring. Harris says he was capable of performing the essential job duties without accommodation.
Harris claims that on March 5, 2023, while he was sitting in his car in Wal-Mart's parking lot wearing his employee vest and ID badge, he was approached by a security guard hired by Wal-Mart. The security guard allegedly struck the top of Harris's car without reasonable suspicion of wrongdoing and accused Harris of being a "gangster." Harris said he identified himself as a Wal-Mart employee, but the security guard threatened to call the police, causing Harris to fear for his personal safety.
According to Harris, he reported the security guard's actions to his supervisor. But instead of addressing the issue, he says the supervisor ordered Harris to leave the premises. Wal-Mart subsequently terminated his employment effective March 7, 2023, and banned him from its premises.
Harris claims the defendant took these actions on the basis of his race and disabilities. In response, Harris filed a charge of discrimination with the Missouri Commission on Human Rights and the Equal Employment Opportunity Commission and received a notice of right to sue on October 2, 2023.
Harris demands a jury trial to seek a judgment for damages, court costs, attorney fees and other relief. He is being represented by Raymond Lampert of Lampert Law Office in Springfield.
U.S. District Court for the Western District of Missouri case number 6:23-cv-03354