EEOC v. WAL-MART STORES, INC. | 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 compress summary

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Issues and Causes of Action

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. §§ 12111 et seq.

Case Details


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


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 ]

Documents

Docket(s)

5:01-cv-00090-BO (E.D.N.C.)
EE-NC-0121-9000.pdf | Detail
Date: 01/07/2002

General Documents

Complaint [ECF# 1] EE-NC-0121-0001.pdf \| Detail Date: 02/02/2001 Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Defendant's Motion for Protective Order] (E.D.N.C.) EE-NC-0121-0004.pdf \| Detail Date: 11/21/2001
Order [Regarding Plaintiff's Motion to Compel] [ECF# 24] (E.D.N.C.) EE-NC-0121-0002.pdf \| Detail Date: 12/05/2001 Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 25] (E.D.N.C.) EE-NC-0121-0003.pdf \| Detail Date: 01/07/2002 Source: PACER [Public Access to Court Electronic Records]

People