New York State Sues Wal-Mart Over Employee Dating Policy

The state of New York filed suit Wednesday against Wal-Mart Stores, alleging that the retailer broke the law by enforcing a policy barring a married employee from dating a colleague who is not his or her spouse.

The lawsuit is the first test of a recently enacted state law prohibiting companies from firing employees for activities that are legal and outside the workplace.

The suit alleges that Wal-Mart fired Samuel H. Johnson and Laurel S. Allen from its Johnstown, N.Y., store because Johnson and Allen were dating. Allen is separated from her husband.

“The law makes it clear that employers must judge workers by their performance on the job, not by what they do in their private lives,” New York Atty. Gen. Robert Abrams said. “We seek to overturn Wal-Mart’s illegal dating policy and obtain reinstatement and back pay for the aggrieved employees.”

Responding to the suit, Wal-Mart said it fired Johnson and Allen because they disrupted store operations. Wal-Mart spokesman Don E. Shinkle said the two took “excessive breaks together.”

Wal-Mart said it did not violate state law, because the “couple’s misconduct was one of the factors that led to their dismissal.”