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Case of the Month February 2021
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Case of the Month February 2021

ADA Violation - Gross Verdict $5.2M; Net Verdict $423K

EEOC v. Wal-Mart Stores

Case Type:
Labor & Employment - ADA
Labor & Employment - Reasonable Accommodations


Specific Liability:
Failure to make reasonable accommodations

General Injury:
Monetary Damages

Jurisdiction:
State: Wisconsin
United States District Court, W.D. Wisconsin.

Related Court Documents:
Plaintiff's complaint: 2017 WL 11450116
Defendants' brief in support of motion for summary judgment: 2018 WL 10014201
Special verdict: 2019 WL 6035754

Case Name:
EECO v. Wal-Mart Stores Inc., Wal-Mart Stores East L.P.

Docket/File Number:
3:17CV00739

Result Amount:
$5,200,000 Gross Verdict


Result Date:
October 10, 2019

Judge:
James D. Peterson

Attorneys:
Plaintiff: Carrie N. Vance, EEOC, Milwaukee, WI
Plaintiff: Laurie A. Vasichek, EEOC, Minneapolis, MN
Plaintiff: James Lee, EEOC, Washington, DC
Plaintiff: Gwendolyn Young Reams, EEOC, Washington, DC
Plaintiff: Gregory M. Gochanour, EEOC, Chicago, IL
Plaintiff: Jean P. Kamp, EEOC, Chicago, IL
Plaintiff: Laurie S. Elkin, EEOC, Chicago, IL
Defendant: Emery K. Harlan, MWH Law Group L.L.P., Milwaukee, WI
Defendant: Warren E. Buliox, MWH Law Group L.L.P., Milwaukee, WI
Defendant: Carlos Pastrana, MWH Law Group L.L.P., Milwaukee, WI

Result Type:
Jury

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
Gross: $5,200,000
Total Compensatory Award: $200,000
Punitive Damages: $5,000,000 reduced to $100,000
Bck Pay: $41,224.07
Front Pay: $58,124.53
Prejudgment Interest: $4,495.72
Tax Consequences: $19,097.14
Net Award: $422,941

Summary of Facts:
The EEOC filed a lawsuit against Wal-Mart Stores Inc. and Wal-Mart Stores East L.P. for failing to provide reasonable accommodations and terminating the employment of an employee in violation of the Americans with Disabilities Act (ADA). The plaintiff claimed the employee, who had developmental delays, a visual impairment, and anxiety, and was deaf, began working for the defendants in January 1999 as a cart pusher and performed his duties successfully, with reasonable accommodations, and received multiple pay raises and satisfactory performance reviews. The plaintiff contended a new store manager began working at the store where the employee worked in June 2015, the manager indicated the employee needed to fill out a new request for reasonable accommodation and would be placed on paid suspension until the documentation was completed though the employee's disabling conditions had not changed, the employee's guardian submitted the documentation and contacted the defendants, and the defendants failed to respond and paid the employee for only the first two weeks of the suspension. The plaintiff claimed the defendants' failure to respond stopped the interactive process, and the employee was effectively terminated. The defendants denied liability and contended the employee's job aide was observed performing all of the employee's duties, the permanent use of a job aide was not a reasonable accommodation, the employee was unable to perform the essential functions of his job, and thus he was not a qualified individual with a disability under the ADA. The defendants also claimed the employee failed to respond to its request for additional information to identify potential reasonable accommodations. A jury found in favor of the plaintiff, awarding the employee $200,000 in compensatory damages and $5,000,000 in punitive damages. The plaintiff filed a motion for equitable relief, including an award of back pay, prejudgment interest, and front pay, a tax consequences award, and injunctive relief, and the court denied the request for injunctive relief and awarded the employee $41,224.07 in back pay, $58,124.53 in front pay, $4,495.72 in prejudgment interest, and $19,097.14 for tax consequences. The court entered judgment accordingly and reduced the punitive damages award to $100,000.

United States District Court, W.D. Wisconsin.

Westlaw Citation:
2019 WL 11340285


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