University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. WAL-MART STORES INC EE-MO-0096
Docket / Court 4:04-cv-00076-GAF ( W.D. Mo. )
State/Territory Missouri
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Kansas City, Kansas and St. Louis, Missouri offices of the EEOC brought this case against Wal-Mart, Inc. in January 2004 in the U.S. District Court for the Western District of Missouri. The complaint alleged that the Wal-Mart store located in Richmond, Missouri failed to hire the complainant ... read more >
The Kansas City, Kansas and St. Louis, Missouri offices of the EEOC brought this case against Wal-Mart, Inc. in January 2004 in the U.S. District Court for the Western District of Missouri. The complaint alleged that the Wal-Mart store located in Richmond, Missouri failed to hire the complainant because of his physical disability in violation of the Americans with Disabilities Act. After a number of discovery disputes, Wal-Mart, Inc. filed a motion for summary judgment. The District Court granted the motion, but the U.S. Court of Appeals reversed and remanded. EEOC v. Wal-Mart Stores, Inc. 477 F.3d 561 (8th Cir. 2007). After additional discovery and two stays in the case, the parties settled the case in April 2008 by entry of a consent decree.

The decree included non-discrimination and non-retaliation clauses, required Wal-Mart to comply with advertising requirements in publications and required Wal-Mart to notify agencies in the Kansas City area of its desire for employment applications from persons with disabilities. The decree also required Wal-Mart to post notice of the rights of employees with disabilities and to provide live training to the store manager, assistant managers, and personnel manager responsible for the operations of the Richmond, Missouri store regarding policies and practices that relate to the employment and reasonable accommodation of persons with disabilities. The decree also required Wal-Mart to prepare and submit on a quarterly basis a list of all applicants to the Richmond, Missouri location who have complained of discrimination in hiring on the basis of disability during that quarter. The injunctive parts of the decree had a two year term. In addition, Wal-Mart agreed to pay the complainant $300,000.

Kevin Wilemon - 05/27/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Comply with advertising/recruiting requirements
Discrimination Prohibition
Monitoring
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
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 Inc.
Wal-Mart 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 None on record
Order Duration 2005 - 2007
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)
06-1583 (U.S. Court of Appeals) 04/16/2007
EE-MO-0096-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
4:04-cv-00076-GAF (W.D. Mo.) 04/18/2008
EE-MO-0096-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/20/2004
EE-MO-0096-0001 PDF | Detail
Second Amended Complaint 05/19/2004
EE-MO-0096-0002 PDF | Detail
Order Granting in Part and Denying in Part Plaintiff EEOC's Motion for Protective Order 06/10/2004 (W.D. Mo.)
EE-MO-0096-0003 PDF | Detail
Order [Granting Defendant's Motion for Summary Judgment] 08/12/2005 (2005 WL 1950080 / 2005 U.S.Dist.LEXIS 40868) (W.D. Mo.)
EE-MO-0096-0007 PDF | WESTLAW| LEXIS | Detail
Order [Denying EEOC's Motion for Reconsideration] 12/21/2005 (2005 WL 3489206 / 2005 U.S.Dist.LEXIS 40871) (W.D. Mo.)
EE-MO-0096-0008 PDF | WESTLAW| LEXIS | Detail
EEOC Press Release: "Appeals Court Orders Trial of EEOC Disability Suit Against Wal-Mart" 02/13/2007
EE-MO-0096-0004 PDF | Detail
Appellate Decision 02/13/2007 (477 F.3d 561)
EE-MO-0096-0006 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Decree 04/18/2008
EE-MO-0096-0005 PDF | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Baran, Andrea G. (Kansas)
EE-MO-0096-0004
Johnson, Robert G. (Missouri)
EE-MO-0096-0004
Seely, Barbara A. (Missouri)
EE-MO-0096-0004
Defendant's Lawyers None on record
Other Lawyers None on record

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