SKN | Wells Fargo Faces Disability Discrimination and Retaliation Lawsuit

Key Points

• A former Wells Fargo employee has filed a lawsuit alleging disability discrimination and retaliation under the Americans with Disabilities Act Amendments Act (ADAAA).
• The complaint alleges performance rating downgrades, reassigned responsibilities, denial of reasonable workplace accommodations, and continued retaliation after an internal investigation reportedly substantiated parts of the employee’s complaints.
• The allegations have not been tested in court, and Wells Fargo has not been found liable.

A former Wells Fargo employee has filed a lawsuit in the U.S. District Court for the Western District of North Carolina, alleging disability discrimination and retaliation under the Americans with Disabilities Act Amendments Act (ADAAA). The case, Blair-Foster v. Wells Fargo Bank, N.A., centers on claims that the bank failed to adequately address workplace discrimination despite an internal investigation that allegedly substantiated aspects of the employee’s complaints.

According to the complaint, the employee joined Wells Fargo in 2019 and worked on regulatory matters related to the bank’s 2016 Sales Practices Consent Order. The filing states that she received strong performance evaluations during her early years before her ratings were later downgraded without documented coaching, corrective action, or a formal performance improvement plan.

Allegations Focus on Performance Reviews and Workplace Treatment

The lawsuit alleges that an internal manager indicated a performance rating had been lowered at the direction of another executive despite recommendations for a higher evaluation. Following internal complaints of discrimination and retaliation, the employee claims that an independent third-party investigation conducted during 2024 substantiated her concerns.

According to the complaint, the bank subsequently restored her bonus and adjusted her performance rating but did not fully restore the evaluation previously recommended by management. The filing further alleges that workplace treatment continued to deteriorate after the investigation concluded, including reassigned responsibilities, exclusion from meetings, and limitations on recording completed work, which the employee argues negatively affected perceptions of her performance.

Accommodation and Employment Status Also Challenged

The lawsuit also raises issues surrounding workplace accommodations. The complaint alleges that the employee had previously received approval to work remotely because of a disability but was later required to recertify her medical condition following changes to the company’s return-to-office policy.

The filing further claims that she was ultimately selected for displacement and that administrative handling of her employment status delayed access to accrued paid leave and retirement benefits while making it more difficult to secure comparable employment opportunities.

Case Highlights Employment Compliance Issues

Although the allegations remain unproven, the lawsuit underscores the importance of consistent performance documentation, effective complaint resolution procedures, reasonable accommodation processes, and appropriate safeguards against potential retaliation following internal workplace investigations.

The complaint states that the employee exhausted the required administrative process by filing a charge with the Equal Employment Opportunity Commission before initiating the federal lawsuit.

Closing Insights

The lawsuit presents allegations that have not yet been evaluated by the court, and no findings of liability have been made against Wells Fargo. As the case proceeds through the legal process, it may draw attention to broader employment law considerations surrounding workplace accommodations, internal investigations, and human resources governance within large financial institutions.

For a confidential discussion regarding employment law compliance, workplace investigations, human resources governance, regulatory risk management, or corporate compliance practices, contact our senior advisory team.