University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. WAL-MART STORES, INC. EE-MD-0125
Docket / Court 1:06-CV-02514-AMD ( D. Md. )
State/Territory Maryland
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the Equal Employment Opportunity Commission’s  (EEOC) Philadelphia District Office filed suit against Wal-Mart Stores. According to the complaint, which was filed in the U.S. District Court for the District of Maryland, Wal-Mart violated the Americans with Disabilities Act ( ... read more >
In September 2006, the Equal Employment Opportunity Commission’s  (EEOC) Philadelphia District Office filed suit against Wal-Mart Stores. According to the complaint, which was filed in the U.S. District Court for the District of Maryland, Wal-Mart violated the Americans with Disabilities Act (ADA) by failing to provide reasonable accommodations for, and ultimately terminating, a pharmacy technician who suffered from permanent physical disabilities resulting from a gunshot wound. Judge Andre Davis was assigned to this case.

After the complainant intervened in the suit, both Wal-Mart and the EEOC moved for summary judgment. Both motions were denied (with the exception of a single, narrow issue: the EEOC's motion regarding the unavailability of an "undue hardship" defense was granted).

Settlement discussion began on April 22, 2008. Sometime later, on June 9, 2008, the court approved the parties' consent decree. The court retained jurisdiction for three years to ensure compliance. This decree included monetary relief, attorney’s fee and costs, training, notice and postings, reporting requirements, and prohibiting the defendant from ADA violations. More specifically, this consent decree required:
1.The defendant to pay $200,000.00 in monetary relief and $50,000.00 in attorney’s fees to the intervenor-plaintiff.
2.The defendant to provide ADA training to employees in manager and supervisor positions.
3.The defendant to post notices of this agreement and a revised ADA policy for its business. These notices were to be displayed in locations visible to all employees.
4.The defendant to provide regular reports to the EEOC on compliance with the ADA.
5.The defendant to engage in acts or practices that promote compliance with the ADA.

This consent decree was amended, on May 8, 2009. This amendment listed the Wal-Mart stores that would be affected by the consent decree. The duration of the consent decree has lapsed and the docket shows no further activity. Therefore, this case is closed.

Jason Chester - 05/27/2008
Sean Whetstone - 06/18/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reasonable Accommodation
Reporting
Retaliation Prohibition
Training
Defendant-type
Retailer
Disability
disability, unspecified
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
General
Disparate Treatment
Reasonable Accommodations
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 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
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - 2011
Filing Year 2006
Case Closing Year 2011
Case Ongoing No
Docket(s)
06-2514 (D. Md.)
EE-MD-0125-9000.pdf | Detail
Date: 05/13/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-MD-0125-0002.pdf | Detail
Date: 09/26/2006
Amended Complaint
EE-MD-0125-0001.pdf | Detail
Date: 12/22/2006
Order [Granting Motion for Protective Order] (D. Md.)
EE-MD-0125-0003.pdf | Detail
Date: 01/30/2007
Consent Decree [ECF# 64] (D. Md.)
EE-MD-0125-0004.pdf | Detail
Date: 06/09/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Davis, Andre Maurice (Fourth Circuit, D. Md.)
EE-MD-0125-0004 | EE-MD-0125-9000
Gauvey, Susan K. (D. Md.) [Magistrate]
EE-MD-0125-9000
Plaintiff's Lawyers Cooper, Ronald S. (District of Columbia)
EE-MD-0125-0004
Johnson, Eric Christian (District of Columbia)
EE-MD-0125-0004 | EE-MD-0125-9000 | EE-MD-0125-9000
Lawrence, Debra Michele (Maryland)
EE-MD-0125-0004 | EE-MD-0125-9000
Marts, Christopher M (Maryland)
EE-MD-0125-0004 | EE-MD-0125-9000
McNair, Jacqueline H. (Pennsylvania)
EE-MD-0125-0004 | EE-MD-0125-9000
Morocco, Maria Luisa (Maryland)
EE-MD-0125-9000
Salacuse, Maria (Maryland)
EE-MD-0125-0004 | EE-MD-0125-9000
Defendant's Lawyers Kraham, Kevin Michael (District of Columbia)
EE-MD-0125-9000

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