Walmart has been hit with a $125 million jury verdict in a lawsuit claiming the retailer violated the Americans with Disabilities Act (ADA) when it failed to provide reasonable accommodations to a former employee with Down syndrome.
Long-time Walmart worker and Plaintiff Marlo Spaeth alleged that changes to her longstanding schedule, implemented as a result of a computerized scheduling system, caused her significant problems.
Walmart allegedly refused to return Spaeth to her former schedule or adjust her arrival and departure times to accommodate her disability. Instead, Spaeth claims the Wisconsin Walmart where she worked fired her.
Spaeth’s lawsuit claimed that the company violated her rights under the ADA and a Wisconsin jury agreed, returning a $125 million verdict after the case, according to a Friday announcement by the U.S. Equal Employment Opportunity Commission (EEOC).
The Walmart ADA lawsuit alleges that Spaeth worked part-time at Walmart starting in 1999. Spaeth worked from noon to 4 pm, three to four days a week for 15 years, receiving glowing performance reviews and pay raises during that time, according to the lawsuit.
Spaeth requires a regular schedule and has a hard time with changes, claimed the Walmart lawsuit. In addition, the plaintiff allegedly needs to eat supper at the same time each day to avoid getting sick.
However, in November of 2014, Walmart instituted a computerized system that gave Spaeth a different schedule.
The Walmart ADA lawsuit alleged that Spaeth struggled with the new schedule and was disciplined for failing to arrive on time. Her sister says she talked to management and asked for reasonable accommodations; however, Walmart refused, firing Spaeth and then refusing to rehire her despite indicating she was eligible in her termination letter.
“The Wal-Mart Supercenter at which Ms. Spaeth was employed operated on a twenty-four hour schedule, and employed more than 300 employees,” pointed out the lawsuit. “Wal-Mart could have restored Ms. Spaeth’s prior schedule without any hardship.”
Walmart fought the ADA lawsuit filed by the EEOC on Spaeth’s behalf. The retailer contended that Spaeth was not qualified for the roll in which she had worked for nearly 16 years. The company maintained that Spaeth had been fired for leaving work early or failing to show up, but failed to convince a Wisconsin jury who assessed the retailer $150,000 in compensatory damages and $125 million in punitive damages, according to the EEOC.
“The jury here recognized, and apparently was quite offended, that Ms. Spaeth lost her job because of needless — and unlawful — inflexibility on the part of Walmart,” Gregory Gochanour, regional attorney of the EEOC’s Chicago District Office said in a statement issued after the jury verdict was announced.
Walmart says that the multimillion verdict will be reduced to $300,000, according to Reuters. The company also maintains that it does not tolerate discrimination and routinely accommodates employees with disabilities.
“While Ms. Spaeth’s schedule was adjusted, it remained within the times she indicated she was available,” a Walmart spokesperson told reporters. “We’re sensitive to this situation and believe we could have resolved this issue with Ms. Spaeth, however the EEOC’s demands were unreasonable.”
Have you or your loved one experienced discrimination at Walmart or from another employer due to a disability? We want to hear about your experience. Tell us in the comment section below.
The EEOC is represented by Leslie Carter.
The Walmart ADA Lawsuit is EEOC v. Walmart Stores East LP, Case No. No. 17-cv-0070 in the U.S. District Court for the Eastern District of Wisconsin.
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11 thoughts onWalmart Hit With $125M Jury Verdict in ADA Lawsuit
I have a mental and physical disability and I worked for Walmart and they fired me because I took counterfeit bills I followed the procedure but still was interrogated and treated unfairly cause OG my mis judgement and then after treating me like a thief a girl at break kept talking to me then I was fired for being late from break without a riteup or warning or anything they were already upset with me cause or the money I feel that they treated me unfair and didn’t give me a chance they knew of my disabilities but were not understanding of I lose track of time due to my disability without warning or write up fired me
I was fired right after my rotator cuff surgery. I was never relealeased by my my doctor. Walmart(sedwick) reused my requeast for continued leave. I was expected to show up for wor!
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Add me because ShopRite discriminated me as they got rid of me because of my disability but I was a very hard worker & always on time.
Costco advertises cash back rewards they sent me a check and they will not cash it I have to Bend it in store that’s not what they told me it’s cash rewards it’s more like pay themselves rewards not the client they’re not doing what they promised
I have a similar story due to a disablity leave that they kept denying me for but told unemployment that they did
fired me 3 days before I was to come back. There was medical documents involved and everything