TAMPA – A Florida man who worked for more than a decade as a manager for Walmart security and investigations alleges the retail giant discriminated against him because of his age and disability.
Plaintiff Scott Carrasquillo filed his lawsuit February 12 against Wal-Mart Associates Inc. in U.S. District Court for the Middle District of Florida, Tampa Division.
Carrasquillo contends Walmart not only discriminated against him, but also retaliated against him by terminating his employment.
In his 12-page suit, he alleges the retailer violated the Florida Civil Rights Act, or FCRA; the Americans with Disabilities Act, or ADA; and the Age Discrimination in Employment Act, or ADEA.
Carrasquillo began working for Walmart in 2013. Most recently, he held the position of senior manager of its global security and investigations department.
He claims he disclosed that he was a disabled former police officer at the time of his hiring, and had work restrictions. He could not perform physical apprehensions or assist in protection functions.
“Plaintiff was an accomplished and dedicated employee who received consistently positive performance evaluations over his eleven-year tenure,” his complaint states.
In May 2023, he sustained a work-related injury while driving to a work site, resulting in injuries to his neck and shoulder. Soon after, he notified the company of his injuries.
However, his supervisor, Matthew Walsh, failed to timely report the injury to Walmart’s compensation program, Carrasquillo claims.
“When Plaintiff followed up, Walsh dismissed the severity of the injury and made discriminatory comments about Plaintiff’s age and disability, such as, ‘I didn't realize you were so brittle,’” the lawsuit states.
Carrasquillo immediately filed formal complaints with Walmart’s worker’s compensation representative, along with human resources about his director not filing a complaint and the inappropriate comment about his age.
He notes in his lawsuit that he continued to perform his job “remotely and effectively.” He also believes his requested accommodations were “reasonable.”
“Following Plaintiff’s disclosure of his disability and subsequent request for accommodation, Plaintiff’s supervisor, Matthew Walsh, initiated a pattern of discrimination and retaliation,” Carrasquillo’s filing states, adding he received an inaccurate and negative performance review in August 2023.
Carrasquillo alleges his supervisor refused to consider his rebuttal and “escalated his hostility.” In turn, he reported the discrimination and retaliation to Vice President Larry Lundeen.
“Despite Plaintiff's ongoing complaints and documented mistreatment, no remedial action was taken,” the lawsuit states. “Instead, Mr. Walsh remained Plaintiff’s supervisor and continued to retaliate.”
In February 2024, Walsh issued another poor performance review. In March 2024, Carrasquillo was placed on a Performance Improvement Plan without justification. In April 10, 2024, he was removed from his position without explanation and was told to apply for other internal roles.
Carrasquillo claims he received no interviews.
“Defendant failed to provide any training or support during this period and never provided a written explanation for Plaintiff’s removal from his position,” the lawsuit states.
“Plaintiff’s supervisor, who was significantly younger than Plaintiff, made further discriminatory comments about Plaintiff’s age, including saying, ‘The way you did things in the past is no longer relevant,’ and ‘You need to find new ways to work.’”
Carrasquillo was terminated on June 10, 2024. At the time, he was 54 years old and one of the oldest in his department.
“Throughout this period, Plaintiff was treated less favorably than similarly situated employees who were younger and non-disabled,” his filing states. “They were not disciplined or removed despite similar or inferior performance.”
He seeks compensation for lost wages and benefits; reinstatement to a position comparable to his prior position, or front pay; back pay; compensatory damages; punitive damages; prejudgment interest; and attorneys’ fees.
Justice Litigation Associates PLLC in Tampa is representing Carrasquillo in the action.
