Walmart ‘wrongfully’ terminated disabled Christian vet after he reported sexual harassment from trans colleague in men’s restroom: lawsuit

Plaintiff Joseph Allen argues in the lawsuit, filed on August 28 in the United States District Court for Colorado, that Walmart failed to provide reasonable accommodations for his sincerely held religious beliefs after he communicated that, as a Christian man, "he could not and would not use the restroom with a biological female."

The lawsuit asserts violations of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on religion, as well as the Americans with Disabilities Act (ADA). Allen argues that Walmart's refusal to accommodate his request created a hostile work environment, subjected him to sexual harassment, and exacerbated his disability-related stress, leading to health complications.

Plaintiff Joseph Allen

According to the suit, Allen is a "100 percent disabled Army veteran" who suffers from Post Traumatic Stress Disorder (PTSD) as a result of being injured from multiple roadside explosions. He has been medically diagnosed with Irritable Bowel Syndrome (IBS), a condition that causes him to soil himself if he does not make it to the restroom on time due to extreme urgency.

In October 2023, Allen had a bout with IBS and attempted to use the men's restroom, but the two stalls were taken, and he ended up soiling himself. One of the stalls was being occupied by Charlotte, a transgender female employee who now goes by the name "Evan." Allen asked to have a meeting with the store manager regarding his concerns about sharing a restroom with a female, and requested to have designated restrooms.

Later that month, Allen heard someone entering the men's restroom while he was at the urinal. Due to his PTSD as a combat veteran, he turned around to see who it was and allegedly observed Charlotte staring at his exposed groin, according to the suit. Allen reported a sexual harassment complaint to the store manager, who reportedly informed Allen that company policy allows employees to use restrooms based on their gender identity.

After Allen reported the sexual harassment complaint, he alleged in the suit that Charlotte, as well as another transgender female employee, Michelle, who goes by the name "Mike," and a third colleague began harassing him during work hours. Allegations include invading his personal space by using motorized shopping carts to drive by the aisles he was working at. Allen said he did not engage with his colleagues and reported the harassment incidents to the store, but no action was taken.

In December 2023, Allen claimed that Charlotte stared at his groin as he was using the urinal in the men's restroom for a second time. He reported the incident to management. However, the two transgender employees, Charlotte and Michelle, "filed a false harassment" complaint against Allen, which resulted in his termination.

"Despite [Allen's] reports of harassment and seeking to engage in an interactive process with [Walmart] on multiple occasions, [Walmart] instead ignored [Allen] and retaliated by terminating him and claiming, about four months after his initial complaint, that he was the perpetrator of harassment instead of the victim," the lawsuit states.

"Rather than comply with their obligations under federal and state law to engage in an interactive process for a reasonable accommodation with [Walmart] and make a good faith effort to investigate [Allen's] complaints of sexual harassment, [Walmart] determined it would be better to terminate the conservative Chrisitian disabled veteran than actually comply with its legal obligations to him in the face of potential backlash from the transgender community," the suit reads.

The suit seeks to remedy Walmart's "statuatory violations" and "discrimination" against Allen.