Appeal Holds
A true case of David vs. Goliath was settled last week in the Second Circuit U.S. Court of Appeals, where global retail giant Wal-Mart saw the jury stand in their appeal in the discrimination case of Cetereach, New York’s Patrick Brady. According to Mr. Brady, Wal-Mart hired him to the position of pharmacy assistant in their Centereach store, which he was qualified for, yet upon his starting the position was immediately demoted because of his disability.
Brady sued Wal-Mart because after just days on the job in August 2002 he said he went from working as a pharmacy assistant in the company’s Centereach store to collecting carts and garbage in the parking lot, despite two years’ experience as a pharmacy assistant.
The head pharmacist, Yem Hung Chin, took one look at Brady and told the store manager that the young man wasn’t "fit for the job," Brady’s lawsuit stated. Because of his cerebral palsy, Brady limps, has hand tremors and slowed speech.
Wal-Mart challenged the initial jury ruling stating that U.S. Magistrate James Orenstein “improperly allowed Brady’s lawyer to submit as evidence a nationwide consent degree that the retailer agreed to after a federal agency sued it for alleged violations of the Americans With Disabilities Act in an earlier case.”
While the jury awarded Mr. Brady with roughly $7.5 million in punitive and compensatory damages, it was later reduced to $900,000 under the federal statutory cap. Wal-Mart claimed Mr. Brady failed to come forth with enough evidence to claim punitive damages, the court felt otherwise. The retailer is considering an appeal to the U.S. Supreme Court.
July 24th, 2008 at 2:40 pm
I have Bell’s Palsy and enjoy your blog very much. First time I’ve commented, but have been reading here and there.
Great blog. I enjoy reading it every chance I get and value your opinions!