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Second Circuit Court of Appeals

Award against Wal-Mart in disability bias case upheld

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mac

Garden City, NY

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#28
Jul 9, 2008
 
Sorry but wrote:
<quoted text>
One third of the award after any expenses the attorney laid out. The lawyer takes nothing in advance. No award, no money. Standard stuff. If you are planning an assault on attorneys, do us a favor and get your facts together before you post.
Exislander asked a question! Maybe you should read the post first before you reply.
WTF

Hicksville, NY

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#30
Jul 9, 2008
 

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most likely, this guy worked at Stewarts where he filled 2 RX's a shift, and couldnt handle the high volume of Walmart. So the store had to decide between letting him go, and getting sued, or transfering him, and still get sued. Its unfortunate, but Walmart didnt make him disabled. People need to stop blaming others, and especialy stop these law suits.
Richard Hurtz

Stamford, CT

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#31
Jul 9, 2008
 

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Mikem wrote:
I feel bad for the guy,Brady , but he wouldn't have made that much money in 10 lifetimes.Award him 10 yeras or 20 years salary with
increaases but these awards are ridiculous.
You are so right. He may deserve an award, but let's be real. If he had no disability, and he was transfered or even fired for not doing his job properly, or his personality didn't fit, he would have had NO recourse.
stupid

New York, NY

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#32
Jul 9, 2008
 

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Attack Walmart wrote:
Everyone get down to Walmart and shoplift as much as you can from these bums!!!
What you are advocating is a CRIME and would likely land you in JAIL!
bottom line

United States

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#33
Jul 9, 2008
 

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The ADA is the biggest racket for slip and fall lawyers to ever come on the scene. It's a racket, a shakedown of the lowest order. Every time I visit a Wal Mart, I find it riddled with handicapped employees. They seem to have more of them then non handicapped. They don't discriminate.
stupid

New York, NY

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#35
Jul 9, 2008
 

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Carolyn wrote:
I think this young man deserves the entire jury award, a million is barely a dent in the coffers of WallyWorld! Pay up!
Until he makes a mistake and gives the wrong medication to someone and KILLS them as a result! Let's face it, the mentally challenged ARE NOT SUITABLE FOR EVERY TYPE OF JOB!! Walmart had no business hiring him in the first place for this position! This outrageous award is ridiculuous!
Smutt

Hicksville, NY

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#36
Jul 9, 2008
 

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Some people are so ignorant. Cerebral palsy is not a mental disability. It's takes a toll on muscles but does not affect ones ability to think clearly.
stupid wrote:
<quoted text>
Until he makes a mistake and gives the wrong medication to someone and KILLS them as a result! Let's face it, the mentally challenged ARE NOT SUITABLE FOR EVERY TYPE OF JOB!! Walmart had no business hiring him in the first place for this position! This outrageous award is ridiculuous!
Christine

Phoenix, AZ

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#37
Jul 9, 2008
 

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stupid wrote:
<quoted text>
Until he makes a mistake and gives the wrong medication to someone and KILLS them as a result! Let's face it, the mentally challenged ARE NOT SUITABLE FOR EVERY TYPE OF JOB!! Walmart had no business hiring him in the first place for this position! This outrageous award is ridiculuous!
Assuming one will make an error based solely on a perceived disability just shows how, "stupid" is an appropriate name for you.
Anna

Dubuque, IA

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#44
Jul 9, 2008
 

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He was a pharmacy tech, he had qualifications and training. Furthermore, CP does not mean any sort of intellectual defect. You're making yourself look stupid, by calling him stupid.
Common Sense

Westbury, NY

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#45
Jul 9, 2008
 

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WTF wrote:
Not for nothing, but this guy will NEVER make 1 million, let alone 7.5. The real crime is these silly lawsuits that end up costing taxpayers and consumers. I feel bad for this guy, but being demoted from Pharmacy assistant to cart boy is hardly worth thousands, let alone millions. I don't love walmart any more than you people, put dont forget, all our 401k and pensions are invested in blue chip corps like Walmart.
It's NEVER about the plantiff... it's ALL about the lawyers and everyone else involved in the "legal" system that makes the REAL money! This guy was just a tool for the lawyers to use to make money from Wal-Mart. Just scumbags feeding on scumbags pretending it's about this guys rights as someone with a disablity.
Donnie Darko

Oceanside, NY

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#46
Jul 9, 2008
 

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Wal-Mart sucks! I wouldn't buy their krapp if you paid me. They are evil and this young man deserves every dollar the court awarded him.
concerned

Brooklyn, NY

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#47
Jul 9, 2008
 

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I am all for everyone getting a fair shake but this person didn't deserve the money he was rewarded. What he did deserve is a payment equivilant to his lost wages.

However, If he had put the wrong amount of one type of drug because due to his condition(that causes his hands to shake)these amounts have to be precise he could cause harm to someone else. Which would have been far worse than being demoted.

I am not saying Walmart handled this well.(They didn't) But considering how people are today the latter would have been much more severe.
liner

Glen Cove, NY

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#49
Jul 9, 2008
 

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cat wrote:
People with Cerebral Palsy are NOT mentally disabled. The $7.5 mil award (originally) was not high enough.
If you want to see 'mentally disabled'..look at the people that shop there.
LOL!
Todd Schuster

Tarrytown, NY

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#50
Jul 9, 2008
 

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Walmart is not so smart. Cheap wages & horrible working conditions Kudos to the young man. Hit them where it hurts in the pocketbook. Discrinination because the kid has CP is inexcusable. Has no place in the workplace. Good luck young man in your future. Hope the next job you get will treat you much better than these clowns.
Peter

West Babylon, NY

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#51
Jul 9, 2008
 

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Cerebral Palsy does not mean mentally disabled, I hope Newsday corrects this in tomorrow's issue.
Gcd

Babylon, NY

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#52
Jul 9, 2008
 

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So if this man was not mentally disabled the reason why they demoted him might not have been discrimination. If a mentally challenged person wants to be treated equally, then take the demotion like any other person who this might have happened to. Could it be he was not doing the job right? Walmart is the only place I actually see disabled people employed so I dont understand this whole case. This man does NOT deserve the millions he was awarded. Absoloutely ridiculous. Hey someone discriminate me so I can sue & win the lottery! Thats what its all about....winning the lottery & not even spending the dollar to play.
Carolyn

Homosassa, FL

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#53
Jul 10, 2008
 

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stupid wrote:
<quoted text>
Until he makes a mistake and gives the wrong medication to someone and KILLS them as a result! Let's face it, the mentally challenged ARE NOT SUITABLE FOR EVERY TYPE OF JOB!! Walmart had no business hiring him in the first place for this position! This outrageous award is ridiculuous!
Cerebral Palsy does not mean mentally disabled, you're a jerk, no wonder your post name is "stupid" it fits you prefectly!

The young man had the training for the job, had 2 of year of experience, according to the article, so he should have not been demoted to picking up trash and gathering carts, that's your job "Stupid".
concerned

Brooklyn, NY

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#54
Jul 10, 2008
 

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Carolyn wrote:
<quoted text>
Cerebral Palsy does not mean mentally disabled, you're a jerk, no wonder your post name is "stupid" it fits you prefectly!
The young man had the training for the job, had 2 of year of experience, according to the article, so he should have not been demoted to picking up trash and gathering carts, that's your job "Stupid".
OK everyone, we get it, he was not mentally disable. Whomever stupid is, is stupid.

However, If he had put the wrong amount of one type of drug because due to his condition(that causes his hands to shake)these amounts have to be precise he could cause harm to someone else. Which would have been far worse than being demoted.

I am not saying Walmart handled this well.(They didn't) But considering how people are today the latter would have been much more severe.

This man deserved his lost wages if any, nothing more. People who are qualified for their job get demoted or lose it all the time.

“La verita soprattutto”

Joined: Mar 12, 2008

Comments: 2598

Where truth lives

ISP: New York, NY

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#55
Jul 10, 2008
 

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concerned wrote:
<quoted text>
OK everyone, we get it, he was not mentally disable. Whomever stupid is, is stupid.
However, If he had put the wrong amount of one type of drug because due to his condition(that causes his hands to shake)these amounts have to be precise he could cause harm to someone else. Which would have been far worse than being demoted.
I am not saying Walmart handled this well.(They didn't) But considering how people are today the latter would have been much more severe.
This man deserved his lost wages if any, nothing more. People who are qualified for their job get demoted or lose it all the time.
He is not manufacturing the drug he is placing it in a container. There are tools to measure and count the proper amount of the pharmaceutical. If there was a problem with dispensing specific type of drug then the other pharmacist/technician could have assisted.

This was discrimination plain and simple.
concerned

Brooklyn, NY

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#56
Jul 10, 2008
 
elphaba_ wrote:
<quoted text>
He is not manufacturing the drug he is placing it in a container. There are tools to measure and count the proper amount of the pharmaceutical. If there was a problem with dispensing specific type of drug then the other pharmacist/technician could have assisted.
This was discrimination plain and simple.
I can agree with this and well said. But that doesn't mean he deserved what he got. Maybe he should have recieved what the job was worth. There is discrimination everywhere. Someone who is discriminated against should get paid off?? He should have recieved what he was worth doing the initial job he started. No more. People shouldn't recieve money for getting there feelings hurt. People are becoming so delicate it is sickening.
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