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Tags: walmart | courts | employment

Judge Denies Walmart's New Down Syndrome Firing Trial Bid

Judge Denies Walmart's New Down Syndrome Firing Trial Bid
A Walmart store in Burbank, California. (Robyn Beck/AFP via Getty Images)

By    |   Wednesday, 09 November 2022 06:49 PM EST

A federal judge denied retail giant Walmart's bid for a new trial in the discrimination case of a fired worker who has Down syndrome.

"The court has concluded that a reasonable jury could find that Walmart was aware that [former employee Marlo] Spaeth needed an accommodation because of her disability," CNBC reported United States Court for the Eastern District of Wisconsin Judge William Griesbach writing in the Monday court filing. "The jury was well situated to answer that factual question, and this court will not disturb that conclusion."

A jury found Walmart did not provide 16-year employee Marlo Spaeth, who has Down syndrome, "a reasonable accommodation" during her time as a sales associate with the store, and awarding her $125 million in damages, the New York Times reported July 18.

The damage amount was later reduced to $300,000, the most allowed under the law, and $50,000 in back pay as well as offering Spaeth her job back.

According to the report, Spaeth worked at the store for around 16 years doing a variety of tasks including folding towels, cleaning aisles, processing returns, and greeting customers on a work schedule of noon to 4 p.m. until it was abruptly changed from 1 p.m. to 5:30 p.m. in November 2014 due to a shift from a new computerized system that staffed the store based on customer traffic.

When Spaeth asked to go back to her normal and routine schedule, Walmart refused, the article said.

"She's afraid she's going to miss the bus," her sister and guardian, Amy Jo Stevenson, said she had told a Walmart manager, according to court records reported in the Times story. "She's afraid she's going to miss dinner. It's upsetting to her. She gets too hot. She says she feels sick, and she can't accommodate it, so we need it switched back for her."

The chain eventually fired Spaeth in 2015 for tardiness and absenteeism.

The trial jury found that Walmart violated the Americans with Disabilities Act after deliberating just three hours following the four-day trial and awarded her damages.

In his ruling, Griesbach said that "Spaeth's limitations and need for an accommodation were obvious," and that the case had plenty of evidence including proof that Spaeth needed extra help if her routine changed, according to the CNBC report.

Walmart spokesman Randy Hargrove told the news outlet that the company is "reviewing the opinion and considering our options."

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A federal judge denied retail giant Walmart's bid for a new trial in the discrimination case of a fired worker who has Down syndrome.
walmart, courts, employment
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2022-49-09
Wednesday, 09 November 2022 06:49 PM
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