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Expensive walmart receipts 20221/23/2024 If you are a disabled employee who may have been discriminated against, you could have a cause of action. In order to prevail under the ADA, though, you must show that: Disability discrimination not only adversely impacts the lives of qualified and hardworking employees with disabilities, but it can prove costly to businesses who choose to violate the law. Although the punitive damages amount will likely be reduced because of the statutory cap, the verdict in this case indicates that juries intend to punish employers who break the law by discriminating against disabled individuals. Key TakeawaysĮmployers should take disability discrimination seriously, and this substantial jury verdict illustrates why. This failure to make reasonable accommodations limited Spaeth’s ability to do the job she had done for many years and made Wal-Mart legally liable for discrimination. Walmart had accommodated her scheduling needs for more than a decade, and had the available hours and employees necessary to keep Spaeth on her previous schedule. Despite repeat requests to change her back to her previous schedule, however, Walmart declined to do so. Wal-Mart Stores East, Spaeth showed she was a qualified individual under the Act. She had worked at Walmart for 15 years prior to the schedule change, and was a successful employee who enjoyed consistently positive performance evaluations. Spaeth also argued that Walmart denied her reasonable accommodations when it changed her schedule and refused to change it back. Washington Hospital Center, 13 F.Supp.3d 1, 6 (D.D.C. See Bonner, 195 F.Supp.2d at 436 Hancock v. 2002). However, a reasonable accommodation must keep all of the essential functions of the job intact. 2002). This may include facility modifications, schedule adjustments, or equipment, see id., and can even include transferring an employee to a new position for which they are qualified. What constitutes a “reasonable accommodation” under the ADA has been the source of much litigation. Courts have held that a “reasonable accommodation” is one whose costs do not exceed its benefits. An employee is qualified if “with or without reasonable accommodation, can perform the essential functions of the employment position that hold or desire.” §42 U.S.C. 2011).įor disabled employees, an important part of their case is showing that they were qualified and/or that the employer denied them reasonable accommodations. Municipality of San Juan, 660 F.3d 17, 32 (1st Cir. their employer took adverse employment actions against them because of their disability.they were qualified for the job, either with or without reasonable accommodations and.they were disabled, as defined in the act.Not every disabled employee who is fired will have a valid ADA claim. In order to enjoy protection, a disabled employee must show that : § 12102. In Spaeth’s case, her condition substantially limited a major life activity, entitling her to protection under the Act. their employer believes they have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he or she does not have such an impairment).Ĥ2 U.S.C.they have an established history of disability (for example, cancer that is in remission) or.they have a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning, or operation of a major bodily function).Who Does The ADA Protect?Ī disabled employee may have a cause of action under the ADA when an employer subjects them to adverse actions despite them being qualified for their position.Īn employee may qualify as disabled under the Act if: The jury awarded $150,000 in compensatory damages for Spaeth’s emotional pain and anguish. Additionally, the jury awarded a whopping $125 million in punitive damages against Walmart. This amount will almost certainly be reduced to $300,000, as the ADA places a cap of $300,000 on non-economic damages, such as compensatory and punitive damages. Still, the large award of punitive damages indicates that the jury considered Wal-Mart’s discriminatory conduct beyond the pale.
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