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Federal Jury Awards Man With Cerebral Palsy $7.5 Million in Wal-Mart Discrimination Case
AP ^ | 2.25.05

Posted on 02/25/2005 10:33:51 AM PST by ambrose

Jury Awards $7.5 Million in Wal-Mart Case

Federal Jury Awards Man With Cerebral Palsy $7.5 Million in Wal-Mart Discrimination Case

The Associated Press

Feb. 25, 2005 - A federal jury has ordered Wal-Mart Stores to pay a Long Island man $7.5 million after ruling the retail behemoth discriminated against the man because he has cerebral palsy.

Patrick Brady, 21, was hired for a job in the Wal-Mart pharmacy department in Centereach, N.Y., during the summer of 2002. After one day in the pharmacy, he was reassigned to other responsibilities, including collecting garbage and shopping carts from the parking lot.

The jury in U.S. District Court in Central Islip deliberated one day before ruling on Wednesday that Brady was discriminated against when he was transferred. It also found that Brady was asked impermissible pre-employment questions about his disability, said his lawyer, Douglas H. Wigdor.

Brady, who now works in a Centereach supermarket bagging groceries, said in a statement that he was "very happy the jury believed in me."

The jury award includes $5 million in punitive damages, which Wigdor said was likely to be reduced to $600,000 since federal law limits the amount that can be awarded for punitive damages. The jury also awarded Mr. Brady $2.5 million in compensatory damages, Wigdor said.

Christi Gallagher, a spokesman for the Bentonville, Ark.-based Wal-Mart, said in a statement that the company would appeal.

"We appreciate the service of the jurors but disagree with their decision," Gallagher said. "We feel very strongly that Mr. Brady did not suffer discrimination in our store."


TOPICS: News/Current Events
KEYWORDS: chinamart; lawsuit; walmart; walmarthell
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To: G.Mason

Did you know that wal-marts official policy, as of 11 months ago, is that if you refuse to let them check your reciept their is nothing the employee can do about it.

That policy relies on peoples ignorance of their rights.


41 posted on 02/25/2005 11:01:15 AM PST by FactsMatter (If you play World of Warcraft please freepmail me. :))
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To: FactsMatter
Nice try, but if you think I am going to post anything negative about current trade policy you are crazy

All I'm saying is that our anti-business regulatory and high tax climate are reasons why Walmart (and dozens of other companies) buy from China. I never said anything about the pros or cons of free trade.

But too many people want to direct their anger at Walmart, who are doing what you'd probably do if you owned a company - look for ways to cut costs.

42 posted on 02/25/2005 11:04:00 AM PST by Extremely Extreme Extremist (EEE)
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To: FactsMatter

Another reason Wal-Mart sucks is they were an early backer of Slick Willie.

Yes, Wal-Mart helped bring about the 8 year Clinton reign of terror.

If you approve of Wal-Mart, that means you approve of Clinton.


43 posted on 02/25/2005 11:04:50 AM PST by ambrose (....)
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To: ambrose

the truth is probably someplace in the middle. the jury award is excessive, influenced by the demonization of walmart from the left. But there must have been some merit to this person's claims.


44 posted on 02/25/2005 11:04:50 AM PST by oceanview
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To: Extremely Extreme Extremist
"WALMART FACTS.COM"

Good for you!

Not that it will do you any good with the frothers here.

Besides, don't you realize Wal-Mart caused all the "Mom & Pop" stores to close, and all their kids and relatives that worked for them are now unemployed? ;)

45 posted on 02/25/2005 11:05:14 AM PST by G.Mason ("If you are broken It is because you are brittle" ... K.Hepburn, The Lion In Winter)
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Comment #46 Removed by Moderator

To: ambrose

I enjoy shopping at Walmart, thank you very much.


47 posted on 02/25/2005 11:06:03 AM PST by Extremely Extreme Extremist (EEE)
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To: FactsMatter
Perhaps you would not feel that way if you had been one of the ones who's homes declined in value 30% over night due to wal-mart moving in.

Where and why did this happen?

Also, wal-mart has begun to use Eminent Domain to get property for it's stores.

Neither Wall Mart nor any other private concern can invoke eminent domain. Only the government can do that. Take you complaint to your elected officials.

48 posted on 02/25/2005 11:07:09 AM PST by Ditto ( No trees were killed in sending this message, but billions of electrons were inconvenienced.)
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To: Ditto

Longivew Texas and it's newest Wal-mart Super Center.


49 posted on 02/25/2005 11:08:36 AM PST by FactsMatter (If you play World of Warcraft please freepmail me. :))
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To: FactsMatter
One of the most telling of all the criticisms of Wal-Mart is to be found in a February 2004 report by the Democratic Staff of the House Education and Workforce Committee.

SHAZAMMMMMMM! Reckon there might be any bias there? Just a tad? Maybe?

See post #28. I suspect that the truth is somewhere in between but leaning in Walmart's favor. After all, companies are held to much higher standards of accuracy than are House Democrats and their staffs.

50 posted on 02/25/2005 11:08:36 AM PST by catpuppy
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To: ambrose

As I understand it, he was REASSIGNED, NOT FIRED. If he can sue for this, than I guess anyone can sue for discrimination if their job description changes as long as they are not: white, male, hetero.


51 posted on 02/25/2005 11:08:49 AM PST by sportutegrl
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To: FactsMatter

I believe all of that. alot of people don't really know what its like to earn low wages, aside from their experience with jobs as a youth, and what kinds of government programs are available for people across a wide spectrum (food stamps, energy assistance, EIC tax credits, health care, etc, etc) when they earn that level of income.

what do you all think your tax dollars are going to fund?


52 posted on 02/25/2005 11:09:15 AM PST by oceanview
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To: catpuppy

Perhaps that is why I included a link to a google search so you could do furthur research on your own.


53 posted on 02/25/2005 11:09:26 AM PST by FactsMatter (If you play World of Warcraft please freepmail me. :))
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To: FactsMatter
"Did you know that wal-marts official policy, as of 11 months ago, is that if you refuse to let them check your reciept their is nothing the employee can do about it.

That policy relies on peoples ignorance of their rights."

Gee ... and you said that so seriously.

I've made a note of your FR handle and next time I know your are reading the post I will say ... Hey, FactsMatter, this is a joke. ;)

54 posted on 02/25/2005 11:09:26 AM PST by G.Mason ("If you are broken It is because you are brittle" ... K.Hepburn, The Lion In Winter)
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To: G.Mason

I have been packing to move for the past 28 hours. I have so much Dr. Pepper in my system that it has replaced most of my blood. :)


55 posted on 02/25/2005 11:13:19 AM PST by FactsMatter (If you play World of Warcraft please freepmail me. :))
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To: FactsMatter
In analyzing Wal-Mart's success in holding employee compensation at low levels, the report assesses the costs to US taxpayers of employees who are so badly paid that they qualify for government assistance even under the less than generous rules of the federal welfare system. For a two-hundred-employee Wal-Mart store, the government is spending $108,000 a year for children's health care; $125,000 a year in tax credits and deductions for low-income families; and $42,000 a year in housing assistance. The report estimates that a two-hundred-employee Wal-Mart store costs federal taxpayers $420,000 a year, or about $2,103 per Wal-Mart employee. That translates into a total annual welfare bill of $2.5 billion for Wal-Mart's 1.2 million US employees.

So the loigic is that if it weren't for Wall Mart, these people wouldn't be getting government assistance? They would find other jobs that pay enough to get off welfare?

56 posted on 02/25/2005 11:13:44 AM PST by Ditto ( No trees were killed in sending this message, but billions of electrons were inconvenienced.)
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To: ambrose
Wal-Mart is crap. I do not and will not shop there.

I see you found that different drummer.

57 posted on 02/25/2005 11:13:46 AM PST by catpuppy
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To: ambrose
Ambrose?

Ambrose?

Ambrose!

Take your medicine dear.

58 posted on 02/25/2005 11:13:55 AM PST by G.Mason ("If you are broken It is because you are brittle" ... K.Hepburn, The Lion In Winter)
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To: Nathaniel Fischer
--you have hit the obvious nail on the head.

I'd contribute to the insurance debate but most of the anti-Wallyworlders wouldn't understand such stuff as voluntary enrollment, varying level of deductable amount, free markets, etc.,--besides that, I have to go to Wal-mart for some weed killer--

59 posted on 02/25/2005 11:15:10 AM PST by rellimpank (urban dwellers don' t understand the cultural deprivation of not being raised on a farm)
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To: ambrose
So the DVD I buy at Walmart is crappier than the one from a Target or some other store?

What about if I buy garbage bags at Walmart? Is the material watered-down too?

60 posted on 02/25/2005 11:15:44 AM PST by ServesURight
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