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7/29/2010
Rasansky Law Firm
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Man with CP Wins Suit Against Wal-Mart

After an applicant with cerebral palsy sued Wal-Mart Stores, Inc. for allegedly refusing to hire him in 2001 because of his disability, the Equal Employment Opportunity Commission (EEOC) was settled for $300,000 in favor of the applicant for violation of Title I of the Americans with Disabilities Act (ADA) when it refused to hire the applicant.

The lawsuit, as reported yesterday in this article alleged that the applicant was questioned about his ability to work using his wheelchair during his interview at the Richmond, Missouri store. He was apparently told he was "best suited" for a position as a greeter, but did not end up being hired.

The court will have to approve the $300K settlement. Wal-Mart will also be required to provide ADA training to managers at that particular store, notify job applicants about the settlement and let local (Kansas-City area) employment agencies know that Wal-Mart would like to employ individuals with disabilities who are qualified for open positions. The case was originally dismissed, but that district court ruling was reversed as of February 2007.

It is ridiculous what some of our friends and loved ones have to put up with if they have special needs or disabilities. Often these individuals are more qualified to work - but employers don't see past the disability or the possible insurance risk. Hopefully this case will bring awareness to the injustice that exists and empower others who are affected by cerebral palsy to stand up for their rights.



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