Jottings By An Employer's Lawyer

Tuesday, March 01, 2005

Impact of Prior Order Felt in $7.5 MDV Against Wal-mart

Many disability cases are dismissed on summary judgment, but the dangers when they are not is pretty clearly shown in last week's $7.5 million jury verdict against Wal-mart in federal court in Long Island, NY. Patrick Brady a 21 year old with cerebral palsy was hired for a job as a pharmacy assistant but after one day was put to collecting shopping carts and picking up trash. See the Newsday story.

One added ingredient according to Brady's lawyer, Douglas Wigdor, was the impact of an earlier court order on Wal-mart requiring it to provide sensitivity training about the ADA. Probably something to remember when resolving a lawsuit involves a consent decree.


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