Lawyers for employers and employees agree: A leaked Wal-Mart memo proposing ways to cut health care costs could mean big legal trouble for the world's largest retailer.
"The memo is a cesspool of legal violations," said Jeffrey Winikow, a Los Angeles employee-rights lawyer. Even if the company accepts none of the questionable suggestions it contains, the memo will furnish plaintiffs' lawyers evidence to argue WalMart discriminates against some workers, he said.
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Writing to Wal-Mart's board of directors in advance of their meeting next month, Executive Vice President of Benefits Susan Chambers suggested that benefits be redesigned to attract a "healthier, more productive workforce," potentially saving $670 million by 2011.
Chambers suggested offering savings on healthy foods and other benefits that appeal to healthy workers. She also suggested that jobs be redefined so that all include some physical activity -- for example, "Design all jobs to include some physical activity (e.g. all cashiers do some cart gathering.)"
"These moves would also dissuade unhealthy people from coming to work at WalMart," she wrote.
Employment rules that discrimination against workers on the basis of age or a permanent physical disability run afoul of federal and state laws, whether the discrimination is intentional or not. The laws usually require employers to make reasonable accommodations for a worker's physical disabilities, including chronic medical conditions like diabetes or heart disease.