The Equal Employment Opportunity Commission (EEOC) has announced that Wal-Mart Stores, Inc., had agreed to pay $300,000 to a Hardin, Missouri, man to settle a disability discrimination lawsuit. In addition, Wal-Mart agreed to provide training on the Americans with Disabilities Act (ADA) to managers at its Richmond store, notify job applicants about the settlement, and inform several Kansas City-area job service agencies that the company seeks to employ qualified individuals with disabilities. The parties expect the court to approve the settlement.
Steve Bradley has cerebral palsy and uses crutches or a wheelchair for mobility. He applied for employment with Wal-Mart when it was engaged in mass hiring for a new Supercenter in Richmond in 2001. He applied for any available position but was questioned in his interview about his ability to work using his wheelchair and was told he was “best suited” for a greeter position. Ultimately, the company refused to hire him. Afterward, he filed a disability discrimination charge, and the EEOC filed suit on his behalf in federal court in Kansas City.
The trial judge ruled that the EEOC’s lawsuit had no merit because Bradley’s impairment rendered him unqualified for any position and because he failed to prove that Wal-Mart’s excuse for not hiring him was a pretext for discrimination. Bradley then appealed to the Eighth U.S. Circuit Court of Appeals. Wal-Mart argued to the appellate court that Bradley would pose a safety risk to himself or customers if he worked at the store using a wheelchair or crutches. But the court disagreed. In an April 2007 ruling, the Eighth Circuit determined that an employer bears the burden of proving that a disabled employee or applicant poses a “direct threat” to the health or safety of himself or others. Therefore, it would be up to a jury to determine if Bradley had been discriminated against on the basis of his disability. The case was set to go to trial in March of this year but was settled before heading back to court.
In announcing the settlement, Jean P. Kamp, acting regional attorney for the EEOC, stated, “This case sends an important message to employers that they cannot allow stereotypes or assumptions about disabled people to interfere with those people’s right to work in jobs for which they are qualified.” She went on to point out, “Unfortunately, Wal-Mart didn’t train its managers to see that an applicant’s ability, not his disability, is what matters.”
Justice Department reaches settlement with University of Michigan concerning football stadium’s accessibility for the disabled
The Justice Department has announced that it has resolved a lawsuit against the University of Michigan under the ADA. The Justice Department and the Michigan Paralyzed Veterans Association filed the suit to challenge the lack of accessible seating in the university’s football stadium. Recently, the federal district court in Detroit entered a consent decree resolving the lawsuit.
Under the settlement agreement, the university – which is currently in the midst of a $226 million expansion of the stadium – will add more than 200 wheelchair and companion seats to the stadium during the next two years. The majority of these seats will be along the sidelines. Currently, the stadium has 81 pairs of wheelchair and companion seats, all located in the end zones. The university is planning to add luxury boxes and suites as part of its expansion project, and those seating areas also will include additional wheelchair seating. By the 2010 football season, the university will have more than 300 pairs of wheelchair and companion seats dispersed throughout the stadium as a result of this consent decree.
The university also agreed to significantly modify its ticketing policies for wheelchair and companion seats for a two-year period following the time that each seating area becomes available. This will help to ensure that individuals who use wheelchairs will be afforded a meaningful opportunity to purchase these seats. The university will also add accessible parking, improve inaccessible toilet rooms, and provide accessible routes to and throughout the stadium.
“The Justice Department is committed to continued vigorous enforcement of the Americans with Disabilities Act. This agreement will ensure that the university’s football stadium, which is the largest college football stadium in the United States, has the accessible seating and amenities that federal law requires,” said Grace Chung Becker, Acting Assistant Attorney General for the Civil Rights Division. “I commend the University of Michigan and the Michigan Paralyzed Veterans Association for working cooperatively with the United States to ensure that the rights of individuals with disabilities are protected.”