The McKinney Law Firm, P.C.

View Original

Jury Whacks Walmart with $5.2 Million Verdict In Favor of Disabled Worker

A federal jury in Wisconsin awarded a disabled Walmart Inc. employee $5.2 million in damages, finding that the retail chain had violated the Americans with Disabilities Act when it refused to accommodate the long-time worker.

The employee, who has a developmental disability and is deaf and visually impaired had worked as a cart pusher at the store for 16 years before a new manager started at the store. The new store manager suspended the employee in his first month and forced him to resubmit medical paperwork to keep his reasonable accommodations, according to the lawsuit. The store then fired the employee.

Last week a Wisconsin jury found in the employee’s favor after a 3½-day trial and awarded him $200,000 in compensatory damages and an additional $5 million in punitive damages. Sadly, this amount will likely be reduced by operation of the statutory damages caps found in the ADA. These caps have not been adjusted for inflation in almost 30 years.