Legal Blog: Anti-Discrimination Laws Effective Against Wal-Mart?
Wal-Mart has, unsurprisingly, been the target of more lawsuits than one can count over the years. The company’s treatment of its workers and “save money at all costs” mentality has resulted in a flood of legal challenges ranging from single plaintiff suits to multi-million dollar class actions. Dukes v. Wal-Mart is of course one large example (the largest class action in American history, actually), as are the myriad wage/hour/overtime class actions the company faces.
Just as important as those large class actions, however, are the countless suits filed by individual plaintiffs – the tiny David trying to win justice over Wal-Mart’s Goliath. We at Wal-Mart Watch will be focusing on one of these stories each week, highlighting those cases that warrant further attention because of the light each sheds in its own way on how Wal-Mart does business.
Wal-mart’s recent loss in Brady v. Wal-mart Stores, Inc., represents just one of the many discrimination cases successfully waged against the behemoth retailer. Brady’s case, filed in 2002, was only recently finalized in the Second Circuit court. After multiple appeals, a three-judge appellate panel upheld the 2006 decision settling that Wal-Mart engaged in discriminatory practices in regards to Brady’s employment. Brady, then a qualified 19 year old pharmacy employee with cerebral palsy, was transferred to a less desirable position as a result of Wal-Mart’s discrimination.
In 2006, the jury awarded Brady $5 million dollars in punitive damages. The trial judge, acting in accordance with the law, limited the punitive damages to a mere $300,000. Why? The American Disabilities Act & Civil Rights Act of 1991, statutorily limits the sum of potential compensatory and punitive damages as per several categories ranking an employer’s size by number of employees. These damage caps, included in the statute, breakdown employers by “a respondent who has more than 14 and fewer than 101 employees… $50,000; a respondent who has more than 100 and fewer than 201 employees… $100,000; a respondent who has more than 200 and fewer than 501 employees… $200,000; and a respondent who has more than 500 employees… $300,000.”
Wal-Mart who has 1,400,000 employees in the US (versus the mere 500+ outlined in the statue), was relegated to the last and final category of the statute: “…A respondent who has more than 500 employees… $300,000.” Clearly, benefiting from their sizeable status, Wal-Mart gets a disapproving glance from our legal system, rather than the serious time-out it deserves.
As the National Women’s Law Center points out in their fact sheet “Caps on Damages Do Serious Damage,” even the trial judge noted how the statutory caps in regards to the world’s largest retailer created “effective immunity from the civil punishment scheme.”
Echoed in the Brady opinion, the trial court judge questioned the ability of the law to punish Wal-Mart for its blatant discrimination and the serious effect the de minimus law had on future deterrence.
“…[M]y concern is that the law creates a regime in which smaller businesses are subject to effective punishment for violating anti-discrimination laws but corporate behemoths such as Wal-Mart are not…with total net sales of $ 256 billion in 2004,…it took Wal-Mart only 37 seconds last year to achieve sales equal to the $300,000 it must now pay Brady in punitive damages. There is no meaningful sense in which such an award can be considered punishment.”
Brady Complaint
Second Circuit Opinion
Posted by Christina Clark on Thursday, July 10, 2008
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COMMENTS
kroger has more lawsuits than wm does.by the way do any of you wm haters care to jump down krogers throats for selling all that poisonous tainted meat?if wm did that you folks ould scream and whine,but kroger you are quiet.by the way morons i know what site i am on and if you dont like me bashing kroger and your favorite stores too bad.
m att hew vantress in gresham,oregon
Thursday, July 10 at 12:11 PM
More of WalMatt’s “diss” -information.............
ddrb in
Thursday, July 10 at 12:13 PM
Some years ago I came upon a web site that I think was titled “Wal-Mart Litigation.com” It was something to that effect. And it said that Wal-Mart gets SUED APPROXIMATELY 2 TO 5 TIMES EACH DAY!
When you went there you could read about 99 stories of pending lawsuits. The stories were shortened so you could get a quick grasp of things. Lawsuits were brought against Wal-Mart by customers and employees alike. Many of the stories weren’t pretty.
I have one question for all you pro Wal-Mart’ers like Matt. Do any of you know of any other company that gets sued that much?
Jane in N.Y. in
Thursday, July 10 at 06:16 PM
“Kroger has more lawsuits than wm does.”
Matthew Vantress aka imbecile #8
Do you have any proof, documentation, newspaper references or articles, studies, court records, anything verifiable to back up your claim Vantress? Surely even you are embarrassed by now with your endless amounts of bullshit. Only ‘mary’, bbrd and RDS, the other WalMart/Edelman propaganda ‘war room’ clowns can try and save you now. Didn’t you notice where they buried Nick out back?
SanDiegoView in
Thursday, July 10 at 06:27 PM
Jane,
“Do any of you know of any other company that gets sued that much?”
And, do you know of any other company that is the LARGEST in the world? It only stands to reason, that a company with millions of employees, millions of customers, thousands of vendors thousands of stores and huge amounts of money, would be the biggest target of lawsuits!!
RDS in
Thursday, July 10 at 11:52 PM
RDS:Conversely,that SHOULD be an argument for Not instigating a suit unless there is substantial evidence of proof as a basis for a legal action. Evidently,there are many who feel there is ample evidence3 to take their grievances to court. Who ELSE in retiling could be found guilty of two million violations in just one case?~~~~~~~Judge rules Wal-Mart broke labor law more than 2 million times
Bloomberg News contributed to this report. | New York Times News Service
July 2, 2008
A state judge in Minnesota has ruled that Wal-Mart Stores Inc. violated state laws on rest breaks and other wage issues more than 2 million times and as a result could face more than $2 billion in fines. The judge has threatened to impose a $1,000 penalty for each violation.
The judge also ruled Monday that the retail giant owed $6.5 million to 56,000 current and former employees because of contractual violations, including a failure to give workers promised rest breaks at least 1.5 million times. The judge found that Wal-Mart managers in Minnesota had systematically broken the law by having employees take in-house training while off the clock.
“Wal-Mart’s failure to compensate plaintiffs was willful,” King wrote in his 151-page decision. “Wal-Mart was on notice from numerous sources of the wage and hour violations at issue and failed to correct the problem."~~~~~~~~~
ddrb in
Friday, July 11 at 07:41 AM
And, do you know of any other company that is the LARGEST in the world? It only stands to reason, that a company with millions of employees, millions of customers, thousands of vendors thousands of stores and huge amounts of money, would be the biggest target of lawsuits!! RDS~~~~~~~Note:I will take issue with your framing of WalMart as a” target” because of its size. This creates the illusion,the perception of WalMart as the victim,rather than the perpetrator. THAT’S decided by the court ,on a case by case basis.
ddrb in
Friday, July 11 at 07:55 AM
Only ‘mary’, bbrd and RDS, the other WalMart/Edelman propaganda ‘war room’ clowns can try and save you now.
All I can say about that post is you’re not sounding very “christian-like” these days, SVD…
Speaking of that, as it’s been a while since you quoted anything from the bible, I guess your “flavor of the month” didn’t quite work-out, huh?
bbrd in
Friday, July 11 at 08:09 AM
ddrb,
“Conversely,that SHOULD be an argument for Not instigating a suit unless there is substantial evidence of proof as a basis for a legal action.”
What evidence? Just people SAYING they missed their breaks? If you can get enough people to SAY something happened, that becomes ‘perceived’ evidence!! Not that long ago, a former employee, posted that they had been ‘coached’ for going 1 minute late to break, in such a case, who’s fault was that, the employee’s or the company’s? But, in court, all that would be asked, is, “Did you ever have your break late?” and of course, the employee would answer “Yes”!!
“This creates the illusion,the perception of WalMart as the victim,rather than the perpetrator.”
This can also work in reverse, in a class action suit, a few people can file the suit and bring in many others on the ‘perception’ that if it was done to the few, it must have been done to the many!!
Not that long ago, I received a mailing, that said I was entered in a class action suit against a company, whether I had been injured or not, and if I wanted to be excluded from the suit, I must file “Opt out” papers with the lawyers!! Basically, that meant, ‘If I wanted some free money’, all I had to do was nothing, but if I didn’t want any ‘free money’, I had to file the papers, it is so much easier, to do nothing and get some ‘tax free’ money, especially, if the company has ‘deep pockets’!! After all, they can “Afford it” can’t they? And, in the end, I can become the little David, who beat the big Goliath!!
RDS in
Friday, July 11 at 11:33 AM
RDS: Found guilty of two million violations based on NO evidence?
ddrb in
Friday, July 11 at 11:52 AM
ddrb,
What kind of evidence could an employee have, that they missed or was late for a break? Do you think that the company recorded them and then gave it to the plaintiffs lawyers? No, it must have been taken at the word of the employees!! Like I said, “If you can get enough people to SAY something happened, that becomes ‘perceived’ evidence”!! Ask Ken V. about preception, even he says it overides reality!! But, then again, why would a person, with the chance to get a big bunch of free money, distort the truth, right?
RDS in
Friday, July 11 at 11:13 PM
kroger i know many former and current kroger managers and regular workers sdv unklike you.you only spout the same ufcw union bullshit fed to you on here.i notice you cant answer to what i said on the ufcw union and all its welfare recipients.also you cant answer why your slob bastard buddies at costco are too cheap and lazy to give full time work to all. give it up sdv you have no answer to my arguments.enough of your edelman bullshit too.
m att hew vantress in gresham,oregon
Saturday, July 12 at 05:07 AM
But, then again, why would a person, with the chance to get a big bunch of free money, distort the truth, right? RDS~~Why don’t you ask that of the government lobbyists WalMart has hired ?
ddrb in
Saturday, July 12 at 10:42 AM
Some years ago I came upon a web site that I think was titled “Wal-Mart Litigation.com”
Here’s a Copy & Pastable version:
http://www.wal-martlitigation.com/
Wal-Mart now ranks second behind the U.S. government as the most-sued organisation in the world.
That was written in 2001 and, if anything, Wal-Mart is sued more today than ever. I started watching Wal-Mart about that time and in those days you were hard pressed to find an attorney that was willing to take on the Beast of Bentonville.
That was then, this is now and suing Wal-Mart is a cottage industry. (Couldn’t happen to a more deserving Beast.)
You don’t read about any ‘falling merchandise’ suits these days. I wonder if Wal-Mart quit stacking crap to the rafters, or we just don’t hear about the suits?
What’s good for Wal-Mart is BAD for America!
Ken V in Texas
Saturday, July 12 at 01:27 PM
“...as it’s been a while since you quoted anything from the bible...”
bbrd
Having another twinge of conscience bbrd? I’m glad my quoting the Bible has a certain fondness from you, perhaps the following will help fill the emptiness that constitutes your dead propaganda ridden soul-
An illustration from Luke chapter 10 as consideration on healthcare.
[25] And, behold, a certain lawyer stood up, and tempted him, saying, Master, what shall I do to inherit eternal life?
[26] He said unto him, What is written in the law? how readest thou?
[27] And he answering said, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy strength, and with all thy mind; and thy neighbour as thyself.
[28] And he said unto him, Thou hast answered right: this do, and thou shalt live.
[29] But he, willing to justify himself, said unto Jesus, And who is my neighbour?
[30] And Jesus answering said, A certain man went down from Jerusalem to Jericho, and fell among thieves, which stripped him of his raiment, and wounded him, and departed, leaving him half dead.
[31] And by chance there came down a certain priest that way: and when he saw him, he passed by on the other side.
[32] And likewise a Levite, when he was at the place, came and looked on him, and passed by on the other side.
[33] But a certain Samaritan, as he journeyed, came where he was: and when he saw him, he had compassion on him,
[34] And went to him, and bound up his wounds, pouring in oil and wine, and set him on his own beast, and brought him to an inn, and took care of him.
[35] And on the morrow when he departed, he took out two pence, and gave them to the host, and said unto him, Take care of him; and whatsoever thou spendest more, when I come again, I will repay thee.
[36] Which now of these three, thinkest thou, was neighbour unto him that fell among the thieves?
[37] And he said, He that shewed mercy on him. Then said Jesus unto him, Go, and do thou likewise.
The evasion of responsibility by casting it on others (WalMart v. State of …) or trying to reformulate the costs of living through denial and public relations, reveals to us the new silent killers of the 21st century in a campaign of neglect.
WalMart management must be proud of their economic and healthcare redlining in their race to the bottom of Global Labor Arbitrage. The deacons of WalMart create now an image apart from the reality of the corporate practice of eugenics against the poor by an economic argument to disregard their employees healthcare.
You shall all bow down at the WalMart image of truth for the American family since we have spent untold millions in advertising trying to convince you of something other than reality. We can’t get by on our own reputation so let us create one for you. If only we had spent all that money on our employees and bought a genuine reputation. Agentic shifting in a campaign of words not deeds to replace “Go, and do thou likewise.” in the estranged and unmerciful manner of Bentonville capitalism.
Perhaps with Ground Penetrating Radar we might find the heart of WalMart CEO Lee Scott constructing a plan for employees modeled after the Mary Jo Kopechne healthcare system. We will advertise it as heroic to the masses and let our people drown. Sheriff Chambers won’t recommend any charges or changes. Although we have established the climate of soft bigotry of low expectations for CEOs in this matter, an opportunity exist for you to show us if you are worth what you are paid. “For unto whomsoever much is given, of him shall be much required: and to whom men have committed much, of him they will ask the more.”
Luke 12: 48b
“Few things are harder to put up with than the annoyance of a good example.”
Mark Twain
SanDiegoView in WalMart is socially retarded, willfully.
Saturday, July 12 at 09:03 PM
ddrb,
“Why don’t you ask that of the government lobbyists WalMart has hired ?”
You mean the SAME lobbyists that the unions hire?
Ken V,
“Wal-Mart now ranks second behind the U.S. government as the most-sued organisation in the world.”
Does that mean, that we should put the U.S. government ‘out of business’, because they get sued MORE than Wal-Mart?
SDV,
“The evasion of responsibility by casting it on others (WalMart v. State of …) or trying to reformulate the costs of living through denial and public relations, reveals to us the new silent killers of the 21st century in a campaign of neglect.”
As your health insurance is your ‘personal responsibility’, as is your car and home insurance, aren’t you suggesting the you are evading ‘responsibility, by casting it on Wal-Mart? Also, it is your ‘personal responsibility’, to EARN enough money to support YOUR personal family, why do you suggest, that that responsibility be cast onto an employer, to take over YOUR job of supporting your family, Don’t you think that YOU are responsible for doing that? It seems to be YOU that wants to cast your ‘responsibliity’ on others!! Wal-Mart has NO responsiblity to insure your family or provide you with enough money to support your family, that is YOUR job!!
RDS in
Sunday, July 13 at 02:26 AM
Does that mean, that we should put the U.S. government ‘out of business’, because they get sued MORE than Wal-Mart?
Um...no, it doesn’t, RDS. You sound like its time for another medication ‘adjustment’.
Ken V in Texas
Sunday, July 13 at 01:18 PM
ddrb,
“Why don’t you ask that of the government lobbyists WalMart has hired ?”
You mean the SAME lobbyists that the unions hire? ~~~RDS~~~~~~~I shouldn’t think so,RDS. Wouldn’t that represent a “conflict of interest”?
ddrb in
Sunday, July 13 at 01:38 PM
In regards to perception vs. reality and CORPORATE responsibility~~~~~~~~~"With a view to concealment we will establish secret brotherhoods and political clubs. And there are professors of rhetoric who teach the art of persuading courts and assemblies; and so, partly by persuasion and partly by force, I shall make unlawful gains and not be punished.”
Plato, The Republic, Book II: Adeimantus
ddrb in
Sunday, July 13 at 09:07 PM
ddrb,
“Wouldn’t that represent a “conflict of interest”?”
Only if the lobbyists are representing both parties at the SAME time!! The point was, that both employ lobbyists to promote their interests!! So, if you have a problem with Wal-Mart’s lobbyists, why don’t you have a problem with the union’s lobbyists? Why is it that some lobbyists are a good thing, but other lobbyists are a bad thing? Guess it depends on where your bias lies!!
RDS in
Sunday, July 13 at 10:57 PM
RDS: I am not impressed with lobbyists-PERIOD! I consider them corporate courtesans,for the most part. That’s MY bias.Care to share yours?
ddrb in
Monday, July 14 at 12:40 AM
ddrb,
I’m not too impressed with the idea of lobbyists either, but, many different groups, in order to be heard, use lobbyists, like labor unions, AARP, farmers, etc., not just corporations!! As for my bias, I would just as soon see ALL lobbyists eliminated and the members of those groups and corporations, lobby politicians personally and if it were up to me, people could only lobby politicians from their own state!! In other words, people would have to send letters, e-mails, phone calls or petitions, directly to ‘their’ (main residence state) senators or congressmen!!
RDS in
Tuesday, July 15 at 01:27 AM
Since WalMart is Corporate Welfare King extraordinaire(Local,state,federal),not to mention tax avoidance scams such as PICS,REITS, andGeofrey Loopholes-ALL methodology to diminish corporate cash outlay by denying American tax payers THEIR rightful share-isn’t it only JUSTICE when billions of dollars are paid out by WalMart in U.S.class action awards. Isn’t the money FINALLY coming back home to its rightful owners-Tax paying Americans?
ddrb in
Wednesday, July 16 at 12:41 PM
ddrb,
“isn’t it only JUSTICE when billions of dollars are paid out by WalMart in U.S.class action awards. Isn’t the money FINALLY coming back home to its rightful owners-Tax paying Americans?”
Since it has been claimed that Wal-Mart workers are underpaid, chances would be that they don’t pay any Federal or State income taxes (most probably get the tax avoidance scam, the Earned Income Credit, so they get more back than was withheld), and if they are the ones filing these class action lawsuits and will get the benefits if they are won, how can the TAXPAYING AMERICANS be getting this money? How much do you expect to get from the Dukes suit?
RDS in
Thursday, July 17 at 12:24 AM
RDS: Very simple, RDS. The tax money that WalMart cheats American communities out of ,come from ALL tax payers’ pockets-whether they shop at WalMart or not. Or work at WalMart or not. What WalMart diverted and avoided paying would come home to its rightful owners-the communites .
ddrb in
Thursday, July 17 at 08:58 AM
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