University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Wal-Mart Stores, Incorporated EE-MI-0175
Docket / Court 2:05CV74211 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Detroit office of the EEOC brought this suit against Wal-Mart Stores, Inc. in the U.S. District Court for the Western District of Michigan in September 2005. The complaint alleged the defendant violated the American with Disabilities Act by failing to reasonably accommodate the complainant, ... read more >
The Detroit office of the EEOC brought this suit against Wal-Mart Stores, Inc. in the U.S. District Court for the Western District of Michigan in September 2005. The complaint alleged the defendant violated the American with Disabilities Act by failing to reasonably accommodate the complainant, who suffered from depression. The case was transferred to the Eastern District of Michigan in November 2005 and the parties entered a consent decree later that month.

The consent decree included non-discrimination and non-retaliation clauses, required the defendant to post notice of employment rights in its Alpena, Michigan store, and required the defendant to provide EEO training of its salaried managers at its Alpena store. The decree also called for the defendant to submit two reports to the EEOC detailing the steps taken to comply with the decree. In the event of non-compliance, the consent decree called for court enforcement, notice to the non-complying party with a chance to remedy, and non-court dispute resolution. The defendant also agreed to pay the complainant $7,500 in compensatory damages.

Kevin Wilemon - 08/06/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Accommodation / Leave
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.
Walmart 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 2005 - 2006
Case Closing Year 2005
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)
1:05-cv-00676-GJQ (W.D. Mich.) 11/05/2005
EE-MI-0175-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
2:05-cv-74211-GCS-MKM (E.D. Mich.) 11/21/2005
EE-MI-0175-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2005
EE-MI-0175-0002 PDF | Detail
Consent Decree 11/21/2005
EE-MI-0175-0001 PDF | Detail
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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