Gene Johnson Apr. 26, 2016, 6:23pm


HARRISBURG – A former employee at Walmart has filed a lawsuit against the retail giant on a claim of being fired because of his race and past criminal background.

Kenneth DeWayne Davis filed a lawsuit March 5 in the U.S. District Court for the Middle District of Pennsylvania against Walmart Stores, Inc. alleging a violation of the Civil Rights Act of 1866, as amended by the Civil Rights Restoration Act of 1991.

Davis began working for Walmart in May 2015 in the meat department, before accepting a position at the store in security four weeks later, which paid him a higher rate of pay, the suit says. He remained in the meat department, earning the higher pay, pending a background check for the security position, according to the suit.

 

The check revealed that he had a criminal record and he began working in a supervisory position in the warehouse, supervising the unloading of trucks and managing 22 employees and after the 90-day mark receiving full benefits, according to his claim.

On Aug. 18, 2015, management called him into their offices where he was told that he was suspended so that corporate could further look into his criminal background, according to the lawsuit.

On Aug. 26, 2015, he spoke to management at their offices and was told he was being fired for gross misconduct, but was never told what was the act of gross misconduct, according to the claim.

Davis seeks compensatory damages, punitive damages, supervisor liability and damages, all costs arising from the instant and any future filings, and reasonable attorney’s fees as provided to the court.

Davis, who is demanding a jury trial, is being represented by attorney Jeremy A. Donham of Donham Law in Dellslow, W. Va.

U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00396-YK

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U.S. District Court for the Middle District of Pennsylvania Harrisburg Division
228 Walnut Street
Harrisburg, PA 17101

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