Boyle, Judge Terrence W.

English

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Cornell University ILR School 
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ADAAA Case Repository Labor and Employment Law Program 
12-31-2001 
Equal Employment Opportunity Commission, Plaintiff, v. Wal-Mart 
Stores, Inc., Defendant. 
Judge Terrence W. Boyle 
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Equal Employment Opportunity Commission, Plaintiff, v. Wal-Mart Stores, Inc., 
Defendant. 
Keywords 
Equal Employment Opportunity Commission, Wal-Mart Stores Inc., 5:01-CV-90-BO(3), Consent decree / 
Settlement, Disparate Treatment, Hiring, Deafness, Hearing, Retail, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/129 
Case 5:01-cv-00090-BO Document 25 Filed 01/07/2002 Page 1 of 8 
RLED IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF NORTH CAROLINA r
 H w -, 
WESTERN DIVISION ^ ^ / c202 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION, 
Plaintiff, 
WAL-MART STORES, INC., 
Defendant. 
DAVID W. DAN/EL CIFW 
fc
-"ST. N. CAROLINA 
CIVIL ACTION NO. 
5:01-CV-90-BO(3) 
CONSENT DECREE 
The Equal Employment Opportunity Commission (the "Commission") filed this action 
against the Defendant, Wal-Mart Stores, Inc. ("Wal-Mart") to enforce Title I of the Americans 
with Disabilities Act, 42 U.S.C. § 12101, et seg, (the "ADA") and Title I of the Civil Rights Act 
of 1991, 42 U.S.C. § 1981a. The Commission's Complaint alleges that Wal-Mart discriminated 
against Craig P. Smith ("Mr. Smith") by refusing to hire him because of his disability. The 
Commission's Complaint seeks to recover backpay, front pay, compensatory damages, punitive 
damages and injunctive relief. 
As a result of the parties having engaged in settlement negotiations, the parties agreed 
that this action should be finally resolved by entry of this Consent Decree. This case and twelve 
other ADA cases brought by the EEOC against Wal-Mart are being settled by separate consent 
decrees in conjunction with the settlement of EEOC v. Wal-Mart Stores, Inc., Civil Action No. 
S99-0414 GEB DAD (E.D. Cal.) (the "California Decree"), which includes nationwide equitable 
relief. This Consent Decree was entered into by the parties as an amicable way of resolving all 
outstanding differences that may have existed in this case. This Consent Decree is intended and 
does fully and finally resolve any and all claims arising out of the Complaint filed by the EEOC. 
The parties stipulate to jurisdiction of the Court over the parties and do not object to the 
jurisdiction of the Court over this action. 
M*^s^J>jQ- 35 
Case 5:01-cv-00090-BO Document 25 Filed 01/07/2002 Page 2 of 8 
It is ORDERED, ADJUDGED AND DECREED: 
Having examined the terms and provisions of this Consent Decree and based on the 
pleadings, record, and stipulations of the parties, the Court finds the following: 
1. This Consent Decree resolves all claims arising out of the issues between the 
Commission and Wal-Mart in this lawsuit, including, without limitation, back pay, front pay, 
compensatory and punitive damages, injunctive relief, costs, and attorneys' fees. 
2. The Court has jurisdiction of the subject matter of this action and of the 
parties. 
3. The terms and provisions of this Consent Decree are adequate, fair, 
reasonable, equitable, and just. The rights of the parties are adequately protected by this 
Consent Decree. 
4. This Consent Decree conforms with the Federal Rules of Civil Procedure 
and the ADA and is not in derogation of the rights and privileges of any person. The entry of 
this Consent Decree will further the objectives of the ADA and will be in the best interests of 
Wal-Mart, the Commission, and the public. 
I. NON-DISCRIMINATION 
5. In all matters arising from or relating to employment, Wal-Mart and its officers, 
agents, employees, successors, and assigns, and all of those in active concert or participation 
with them, or any of them, shall not engage in any employment practice which unlawfully 
discriminates against an employee or applicant under the Americans with Disabilities Act. 
Prohibited discrimination includes, but is not limited to: 
a. refusing to hire or rehire a qualified individual with a disability because 
of his/her disability; 
b. refusing to provide a reasonable accommodation to a qualified individual 
with a disability; 
c. discharging a qualified individual with a disability because of his/her 
disability; 
2 
Case 5:01-cv-00090-BO Document 25 Filed 01/07/2002 Page 3 of 8 
d. maintaining any practice or policy that violates the ADA by depriving or 
tending to deprive any individual of employment opportunities because of 
such individual's disability; 
e. discriminating against persons on the basis of their disabilities in the 
terms and conditions of their employment; and, 
f. making disability related pre-employment inquiries. 
II. NON-RETALIATION 
6. Wal-Mart, its officers, agents, employees, successors, assigns, and all those in 
active concert or participation with them, or any of them, shall not engage in reprisal or 
retaliation of any kind against Mr. Smith or any person because such person: 
a. opposed any practice made unlawful under the ADA; 
b. filed a charge of discrimination with the Commission or a state agency or 
testified or participated in any manner in any investigation, proceeding, or 
hearing under the ADA; 
c. requested and/or received relief in accordance with this Consent Decree; 
d. participated in any manner in this action or in the investigation giving rise 
to this action; or 
e. asserted any rights under this Consent Decree. 
HI. MONETARY RELIEF AND JOB OFFER 
7. Within fifteen (15) days after this Consent Decree is approved by the Court, Wal-
Mart shall make payment in the form of a business check made payable to Mr. Smith, and will 
send a copy of the check to Mindy E. Weinstein, Regional Attorney, Equal Employment 
Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, made 
payable to him in the gross amount of $ 173,486.70, including: 
a. $ 27,571.98 for back pay, less only any applicable deductions for the 
employee's portion of FICA and applicable federal and state income tax 
withholdings; 
3 
Case 5:01-cv-00090-BO Document 25 Filed 01/07/2002 Page 4 of 8 
b. $ 3,754.28 for interest on the back pay; and, 
c. $142,160.44 for compensatory damages. 
Wal-Mart shall be responsible for reporting the amount paid to the Internal Revenue Service and 
shall be responsible for paying the employer's share of FUTA and FICA on any amounts 
designated as backpay. Wal-Mart will issue a United States Internal Revenue Service Form 
1099 to Mr. Smith for the amounts designated as interest and compensatory damages. 
8. Within thirty (30) days after this Decree is approved by the Court, Wal-Mart will 
offer Mr. Smith full or part-time employment, at his option, at the Distribution Center facility in 
Hope Mills, North Carolina with any necessary reasonable accommodations, at the wage he 
would have been making if he had been hired by Wal-Mart and continued working there. If Mr. 
Smith accepts Wal-Mart's offer of employment, Mr. Smith will be awarded the effective 
corporate service date of July 6, 1998 after completion of the 90-day probationary period. This 
date will be the basis for determining their entitlement to wages and benefits, consistent with all 
applicable Wal-Mart policies and procedures for hourly employees. Wal-Mart will enroll Mr. 
Smith in any and all benefits, including but not limited to, health and dental benefits, effective 
the first day of employment. Wal-Mart agrees to provide all necessary reasonable 
accommodations to Mr. Smith, which will include, but not be limited to, a qualified sign 
language interpreter for meetings and evaluations, access to at TTY phone, a vibrating pager, and 
pencils and paper for written communications with co-workers and supervisors. 
IV. EMPLOYMENT PRACTICES AND TRAINING 
9. As outlined above, the parties to this Consent Decree have agreed to the entry of 
the California Decree to resolve certain nationwide issues. In the California Decree, the parties 
agreed that Wal-Mart would not engage in any employment practice which violates the ADA, 
not retaliate against any person who exercises rights under the ADA, make monetary payments 
to individuals adversely affected by Wal-Mart's disability related inquiries before job offers were 
made, establish an ADA Coordinator position, revise its ADA Policies and Procedures, establish 
Reasonable Accommodation Procedures, appoint a Special Master, abolish the Matrix of 
4 
Case 5:01-cv-00090-BO Document 25 Filed 01/07/2002 Page 5 of 8 
Essential Job Functions within six months, post notices nationwide, include an ADA component 
in its periodic personnel audits, include ADA compliance in managers' and applicable human 
resource associates' performance evaluations, maintain employee record information, and make 
annual reports to the EEOC and the Special Master concerning its compliance with the Consent 
Decree and the ADA. 
In the California Decree, the parties also agreed that Wal-Mart will provide nationwide 
training to all managers, supervisors and people involved in hiring committees concerning the 
requirements of the ADA. The training will include: an interactive component; an overview of 
the ADA; Wal-Mart's obligations under the ADA; applicant and employee rights under the 
ADA; non-discrimination in hiring and recruitment; reasonable accommodation in the 
application and hiring process; procedures for addressing reasonable accommodation requests in 
the application and hiring process; examples of accommodations in the application and hiring 
process for people with disabilities, including people who are deaf or hearing impaired; 
awareness of issues affecting employees and applicants who have disabilities; that any decision 
about undue hardship in the provision of a reasonable accommodation shall be made by the ADA 
Coordinator; Wal-Mart's commitment to meeting the requirements of the ADA; and, Wal-Mart's 
commitment to engage in the interactive process required by the ADA for qualified individuals 
with disabilities to determine an appropriate accommodation at the time a potential employee 
applies for a position with Wal-Mart, after Wal-Mart hires an employee, and during an 
employee's period of employment with Wal-Mart. 
The parties agree and understand that any issue related to Wal-Mart's compliance with 
the provisions of the California Decree shall be decided by the California Court. 
10. Within six (6) months of Mr. Smith accepting Wal-Mart's offer of employment 
outlined above, Wal-Mart agrees to provide the ADA training described in paragraph 9 for its 
management employees at the location of Mr. Smith's employment. 
11. Wal-Mart agrees to invite a Commission representative to attend all ADA training 
sessions described in paragraph 10 by sending a written invitation to the Regional Attorney of 
5 
Case 5:01-cv-00090-BO Document 25 Filed 01/07/2002 Page 6 of 8 
the Charlotte District Office at 129 west Trade Street, Suite 400, Charlotte, North Carolina, 
28202, at least ten (10) days prior to the training. 
V. POSTING OF NOTICE 
12. Within thirty (30) days of the entry of this Decree, Wal-Mart will post the Notice 
attached as Exhibit A in the Hope Mills, North Carolina Distribution Center and the Distribution 
Center which employs Mr. Smith. The Notice will be posted in the same approximate locations 
as the other labor and employment postings for the duration of this Consent Decree. The Notice 
shall be the same type, size, and style as Exhibit "A". 
VI. COMPLIANCE 
13. In the event that the Commission believes that Wal-Mart has failed to comply 
with any provisions(s) of the Consent Decree, it shall: 
a. notify Wal-Mart in writing of the alleged non-compliance by fax and by 
overnight mail to the individual who signs this Consent Decree on behalf of Wal-Mart, using the 
fax number and address shown below, and, 
b. afford Wal-Mart forty-five (45) business days, after service of notice to 
remedy the non-compliance. 
14. If Wal-Mart has not remedied the alleged non-compliance within forty-five (45) 
business days, the EEOC may petition the Court to enforce the terms of this Consent Decree at 
any time during which this Court maintains jurisdiction over this action. 
15. In the event the Court finds that Wal-Mart has violated this Consent Decree, the 
Court may order appropriate relief to remedy the non-compliance, including attorneys' fees, 
daily fines, and appropriate injunctive relief. 
16. The parties shall bear their respective attorneys' fees and costs incurred in this 
action up to the date of entry of this Consent Decree. 
VII. DURATION OF CONSENT DECREE 
17. This Court shall retain jurisdiction of this action for a period of two (2) years after 
entry of the Consent Decree. This Consent Decree shall expire by its own terms at the end of 
6 
Case 5:01-cv-00090-BO Document 25 Filed 01/07/2002 Page 7 of 8 
four (4) years without further action by the parties. 
ENTERED this «^' day of 2001. 
UNITED STATES DISTRICT JUDGE 
APPROVED AND CONSENTED TO THISj£_ DAY OF DECEMBER, 2001: 
WAL-MART STORES, INC 
JNDA A. WHITTAKER 
Senior Corporate Litigation Counsel 
Wal-Mart Stores, Inc. 
702 S.W. 8th Street 
Bentonville, AR 72716-9759 
(501) 273-4505 
and 
by: //?< 'icJLj^-fz&&f£L 
RICHARD M. FEATHERS 
Womble Carlyle Sandridge & Rice 
150 Fayetteville Street Mall, Suite 2100 
Raleigh, NC 27602 
(919)755-2169 
COUNSEL FOR DEFENDANT 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
GWENDOLYN YOUNG REAMS 
Associate General Counsel 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
1801 "L" Street, N.W. 
Washington, D.C. 20507 
MINDY E. WEINSTEIN 
Regional Attorney 
LYNETTE A. BARNES 
Supervisory Trial Attorney 
129 West Trade Street, Suite 400 
Charlotte, NC 28202 
by: L^MJLfA— 
fKERITH COHEN 
Trial Attorney 
1309 Annapolis Drive 
Raleigh, NC 27608 
(919) 856-4148 
COUNSEL FOR PLAINTIFF 
7 
Case 5:01-cv-00090-BO Document 25 Filed 01/07/2002 Page 8 of 8 
NOTICE OF NON-DISCRIMINATION 
This Notice is being posted pursuant to a Consent Decree voluntarily entered into by Wal-Mart Stores, Inc. 
("Wal-Mart") and the Equal Employment Opportunity Commission ("EEOC") in connection to the settlement in the 
case titled EEOC v. Wal-Mart Stores, Inc., Civil Action No. 5:01-CV-90-BO(3). 
The EEOC lawsuit alleged that Wal-Mart violated the Americans With Disabilities Act ("ADA") by 
failing to hire an applicant because of his disability. 
Under the terms of the Consent Decree, Wal-Mart has agreed to: 
1. Not engage in any employment practice which violates the ADA; 
2. Not retaliate against any person who exercises his or her rights under the ADA; 
3. Make monetary payment to the affected applicant; 
4. Provide training to all managers and supervisors and people involved hiring committees concerning the 
requirements of the ADA; 
5. Revise ADA Policies and Procedures; and, 
6. Post this Notice. 
Federal law prohibits covered employers from discriminating against any employee or applicant for 
employment on the basis of disability, sex, race, color, national origin, or age, and from retaliation. Should you 
have any complaints of discrimination or retaliation, you can contact the EEOC. EEOC charges no fee for their 
services and has employees who speak languages other than English. An employee may contact the EEOC at the 
following address and telephone number for the purpose of filing a charge of employment discrimination. 
Equal Employment Opportunity Commission 
Raleigh Area Office 
1309 Annapolis Drive 
Raleigh, North Carolina 27608 
Tel: (919)856-4064 
Dated:. 
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE 
This Notice must remain posted for two (2) years from the date shown above and must not be altered, 
defaced, or covered by any other material. Any questions concerning this Notice or compliance with its provisions 
may be directed to the U.S. Equal Employment Opportunity Commission, 1-800-669-4000 or TTY 1-800-669-
6820. 
EXHIBIT A 


Equal Employment Opportunity Commission, Plaintiff, v. Wal-Mart Stores, Inc., Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1100&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, v. Wal-Mart Stores, Inc., Defendant.

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