University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Walmart Stores, Inc. EE-CA-0271
Docket / Court S-99-0414-Geb ( E.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Case Summary
In March 1999, the EEOC San Francisco District Office filed this suit against Wal-Mart Stores, Inc., America's largest retail chain, in the U.S. District Court for the Eastern District of California. We do not have a copy of the complaint. However, according to the docket and the Court's judgment, ... read more >
In March 1999, the EEOC San Francisco District Office filed this suit against Wal-Mart Stores, Inc., America's largest retail chain, in the U.S. District Court for the Eastern District of California. We do not have a copy of the complaint. However, according to the docket and the Court's judgment, Wal-Mart violated the Americans with Disabilities Act. Specifically, an EEOC press release states that Wal-Mart utilized a pre-employment questionnaire that sought information about possible disabilities from applicants before making offers of employment. After some discovery disputes and a failed settlement conference, the parties settled the case in December 2001 through a consent decree.

The very extensive four-year consent decree settled not only this case but also twelve other pending cases against Wal-Mart and required that Wal-Mart pay a total of $6,800,000 ($3,562,491.94 for this case and $3,237,508.10 for the other twelve). Additional requirements of the decree included: compliance with non-discrimination and non-retaliation clauses; establishment of a $3,000,000 settlement fund; posting of ADA compliance notices; appointment of a Claims Administrator, Special Master, and ADA Coordinator; ADA training; record keeping; audits; and performance evaluations.

Michele Marxkors - 06/04/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Auditing
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
Utilize objective job description
Discrimination-area
Hiring
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
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.
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 2001 - 2005
Case Closing Year 2001
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 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)
2:99-cv-00414-GEB-DAD (E.D. Cal.)
EE-CA-0271-9000.pdf | Detail
Date: 11/03/2005
Source: PACER [Public Access to Court Electronic Records]
General Documents
Judgment [ECF# 78] (E.D. Cal.)
EE-CA-0271-0001.pdf | Detail
Date: 10/11/2001
Source: PACER [Public Access to Court Electronic Records]
Comprehensiev EEOC, Wal-Mart Settlement Resolves Disability Lawsuit
EE-CA-0271-0004.pdf | Detail
Date: 12/17/2001
Consent Decree [ECF# 98]
EE-CA-0271-0002.pdf | Detail
Date: 12/17/2001
Source: PACER [Public Access to Court Electronic Records]

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