Walmart uniform ‘impossible’ for women to wear, lawsuit says. But company disputes it
A Walmart delivery driver says the uniform pants provided by the company are “impossible” for women to wear.
She is now suing the company, saying Walmart does not pay for uniform expenses incurred by the female employees who have to buy other pants, according to a class-action lawsuit filed in Alabama.
Diana Webb, who has worked as a Walmart delivery driver since July 2020, says in the federal lawsuit she was forced to buy her own pants for the job, calling it “an economic expense her male colleagues have not suffered.”
But in a statement provided to McClatchy News, Walmart spokesperson Randy Hargrove said Webb was not required to wear the provided pants.
“Walmart is committed to providing our private fleet drivers with various clothing options to meet our guidelines,” Hargrove said. “No associate, male or female, is required to wear company provided pants. Months before the lawsuit was filed, Ms. Webb was fitted for company provided pants which she now has. We continue to review our clothing offerings for male and female drivers. We take these allegations seriously and will respond in court as appropriate.”
Still, the lawsuit says Walmart requires its delivery driver employees to wear a uniform consisting of pants and a shirt — both of which are provided by the company — or face termination. The company also provides laundry services for the provided uniform.
The lawsuit says both male and female delivery drivers are given male pants, which are “uncomfortable and poorly-fitting for the female drivers.”
Due to anatomical differences in women and men, it is “impossible” for women to wear the pants, the lawsuit alleges.
“Female drivers are therefore required to either suffer discomfort, or purchase and launder their own pants, out of their own pocket, with no option for reimbursement, in order to fulfill Walmart’s employment requirements,” the lawsuit says.
If a female employee chooses to purchase her own pants, they must be either jeans or khakis, the lawsuit says, and Walmart will not pay for laundry services.
According to the lawsuit, this is “blatant” sex discrimination by the national company against its female drivers.
Webb complained to several higher-ups and to the human resources department to no avail, the lawsuit says.
She requested reimbursement for the pants she bought, and was told if the company reimbursed her, they’d have to do so for all of the female drivers, according to the lawsuit.
“This is class example of nationwide discrimination, or treatment of females differently from males in the workplace simply because they have chosen a traditionally male profession,” Teri Mastando, one of Webb’s attorneys, told Insider. “Ms. Webb repeatedly tried to correct this problem internally but with no success and felt this lawsuit was the only option for correcting the discrimination.”
The lawsuit is filed on behalf of at least 100 female drivers employed by Walmart, the class action lawsuit states.
The lawsuit asks a judge to ban Walmart from treating female delivery drivers differently from the men, reimburse the female employees for their uniform costs and order Walmart to pay damages, costs and attorney fees.
Eric Artip, the Alabama attorney who filed the lawsuit, said it would not be difficult for Walmart to pay Webb the $300 to $400 for her uniform expenses.
“It’s not a lot of money, but if you’re making the women pay it and not making the men pay it, that’s not fair,” Artip told AL.com. “The law requires that people be treated equally. It doesn’t require Walmart to pay for the uniforms. But what it does require is Walmart treat the men and the women the same and that’s all we’re asking for.”
This story was originally published January 13, 2022 at 4:04 PM.
