University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. WAL-MART STORES, INC. EE-NC-0121
Docket / Court 5:01-cv-00090-BO ( E.D.N.C. )
State/Territory North Carolina
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In February 2001, the Raleigh and Charlotte offices of the EEOC brought this ADA suit against Wal-Mart Stores, Inc. in the U.S. District Court for the Eastern District of North Carolina. The complaint alleged that the defendant discriminated against the claimant by failing to hire him because of ... read more >
In February 2001, the Raleigh and Charlotte offices of the EEOC brought this ADA suit against Wal-Mart Stores, Inc. in the U.S. District Court for the Eastern District of North Carolina. The complaint alleged that the defendant discriminated against the claimant by failing to hire him because of his disability (deaf). After both parties filed discovery motions, the case settled by entry of a consent decree in January 2001.

The two year consent decree required the defendant to refrain from discrimination and retaliation, pay the claimant $173,486.70 in back pay (plus interest) and compensatory damages, post notice, provide nationwide training for all of its managers, supervisors, and employees with hiring authority on ADA requirements, and offer the claimant a full-time or part time job with its distribution center.

Kevin Wilemon - 07/15/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Hire
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reasonable Accommodation
Retaliation Prohibition
Discrimination-area
Hiring
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Wal-Mart Stores, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2002 - 2004
Case Closing Year 2002
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
5:01-cv-00090-BO (E.D.N.C.) 01/07/2002
EE-NC-0121-9000 PDF | Detail
General Documents
Complaint 02/02/2001
EE-NC-0121-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Defendant's Motion for Protective Order] 11/21/2001 (E.D.N.C.)
EE-NC-0121-0004 PDF | Detail
Order [Regarding Plaintiff's Motion to Compel] 12/05/2001 (E.D.N.C.)
EE-NC-0121-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/07/2002 (E.D.N.C.)
EE-NC-0121-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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