ADA in the News July 16, 2021

Jury Awards Over $125 Million in EEOC Disability Discrimination Case Against Walmart

An eight-member jury in Green Bay, Wisconsin returned a verdict of $125,150,000 in favor of the U.S. Equal Employment Opportunity Commission (EEOC) on three claims of disability discrimination against Walmart, the federal agency announced today. The jury found that the retailer failed to accommodate Marlo Spaeth, a longtime employee with Down syndrome, and then fired her in July 2015 because of her disability.

The EEOC presented evidence that a change Walmart made to Spaeth’s longstanding work schedule caused her significant difficulty. When she requested her start and end times be adjusted by 60 to 90 minutes and to be returned to her prior schedule, Walmart failed to act on the request and instead fired her.


Statement of Interest of the United States in Gomez v. CSL Plasma

The United States respectfully submits this Statement of Interest under 28 U.S.C. § 517 to address the important issue raised in Plaintiff’s motion for partial summary judgment - whether blood plasma donation centers are “public accommodations” under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12181(7).

The parties dispute whether the act of procuring plasma constitutes a “service,” making plasma donation centers “service establishments” under 42 U.S.C. § 12181(7)(F) and therefore “public accommodations” under Title III.


DOJ and Clark County Jail Resolve Alleged Violations of Americans with Disabilities Act

The Clark County Jail in Vancouver, Washington and the U.S. Department of Justice today reached a settlement agreement to ensure equal access to services at the jail for persons who are deaf or hard of hearing. The investigation and settlement resulted from the complaint of a Clark County woman who is deaf and was denied auxiliary aids or services while incarcerated at the jail for two days. The settlement agreement calls for substantial updates to the policies and procedures at the jail. The complainant will be paid $25,000 by the Clark County Jail.

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