The Equal Employment Opportunity Commission alleged that a store manager at a Wal-Mart in Placerville refused to accommodate a request from a manager, who worked in the tire and lube shop, to use a closer parking space because he suffered from atrial fibrillation. He claimed that he was then fired when he complained to the EEOC. After attempting to reach a pre-litigation settlement through conciliation efforts, the EEOC sued Wal-Mart Stores Inc. for violations of the Americans with Disabilities Act: denial of an accommodation, discrimination because of disability and retaliation. The court granted defense summary judgment on the reasonable accommodation claim. The former employee, age 56, died from a heart attack in 2012, after the suit was filed in 2011 on his behalf by the EEOC. The former employee’s condition caused an irregular heartbeat, shortness of breath and loss of leg strength. Plaintiff’s counsel argued that a new store manager allegedly told the former employee in 2008 he would not be allowed to park in spaces nearest to the store. After the employee complained that his heart condition necessitated his parking close to the store, the store manager fired him. Defense counsel maintained that the former employee’s medical condition was accommodated for several years in different roles at the store. Wal-Mart claimed that when the manager learned why the former employee had always parked at the front of the lot, he agreed to let him continue the practice, even though employees are required to park at the back of the lot so customers can park closer to the store. Wal-Mart claimed the former employee was terminated due to legitimate business reasons. Also, Wal-Mart does not condone or tolerate discrimination or retaliation of any kind, and proudly supports and works with many organizations assisting individuals with disabilities, it claimed. , The plaintiff sought recovery for back pay and emotional distress damages.