Supreme Court to Hear Wal-Mart Discrimination Case

who cares this crap happens all the time in other high profile companies you folks love.

“same old tired post thats not getting you anywhere.”

matthew vantress in gresham oregon
Saturday, December 08 at 06:17 AM

Mirro: If she was disabled,wouldn’t a router job be easier for her condition,instead of a physically intensive job such as janitor? Am I not understanding something here?

ddrb,

I think what you are not understanding, is, “that the job went to the most qualified candidate under a “standardized, legitimate, and non-discriminatory” process”!!

Look at it this way, say YOU were the qualified person who had been waiting for that job to come open and it was taken away from you to give it to the un-qualified disabled person, wouldn’t that be discrimination towards you? 

Now, that said, I think that because the disability happened “on the job”, she should continue to be paid at the rate she was getting ($13.00 an hour), no matter what job they put her on!!  She should not be punished with lower pay, on top of becoming disabled!!  If I was on that court, I would rule in that manner!!  If Wal-Mart had to pay her $13.00 an hour, no matter what job she was on, I think they would find it better to give her a $13.00 an hour job and leave the $6.20 an hour janitor job to a new hire!!

RDS in :How is a disabled person QUALIFIED to perform janitorial duties??Can a disabled person mop floors and lug around heavy equipment? Operate heavy bufing machines? I do no know the extent of physical labor involved,but it appears on the surface a ploy to pay her less,for an injury sustained at work.

With all the above rhetoric, does anyone really know what the injuries were?  Thus without this knowledge we have no idea of her limitations in performing another job.

Now this thread will go on and on without anyone knowing the facts.  I do agree with RDS on the point of not having the wages diminished because of the accident.

ddrb,

Not to sound cruel, but this happened in 2001, she sued in 2004 and still remains employed by Wal-Mart!!  Therefore, one can conclude that she is able to handle the janitors job!!  Like I said, the pay reduction should be the issue and she should be reimbursed for lost wages, plus any permanent disability settlement!!

Unfortunately for Pam Huber but she will not prevail in this matter before the Supreme Court.  The court is being asked to rule on the language of the ADA law/regulations and previous cases, indicate that the opinion of the 8th circuit will prevail.

WMW spun this matter to make WM appear all “bad” and they were not in this case.  Yes Huber has a permanent disability to her right hand and arm (how serious I don’t know) WM was right in giving the job to the most qualified person, or in fact that individual could have sued for discrimination (would you want to have been passed over?).

Huber now makes $7.97 in a janitorial position, but what is not known is:  did she get a permanent disability settlement from workmen’s compensation or from some other type of insurance? This would then compensate for a loss of wages. When such is known then a more intelligent analysis can be made.

You know, I’m tired of Pam Huber types trying to muscle in on my action. You want to be a schlemiel, do it at your own expense. Disability rights are for suckers. And God bless Walmart and the eternal dysfunctional corporate welfare state of America!

Sage in: Well.if she has permanent disabilty to her right hand and arm,she thoretically could perform only half the physical duties-a one armed janitor? Did she get disability-did WalMart subrogate any heath care from a secondary provider? Hey, I wonder,can WalMart subrogate claims that they’ve paid?For her sake,I hope she was left handed to begin with.

Bob Dole, huh, SDV?

ddrb—when the term of permanent disability is used in law it does not mean there is absolutely no usage of the limb.  It could be some restricted or substantially restricted, I surely don’t know and I am certain neither do you.

In the Huber matter, she collected from Worker’s Compensation, which is different from a health/accident policy issued by a company.

Why do you also wish to spin this subject?  Such does nothing to the blog, but then again I don’t know if anyone who reads all of these posts really cares as to the truth.

Sage in : Please have the courtesy to NOT put unwanted,unwarranted words in my mouth- and accusing me of spin."Spin “you say, and what corroborating evidence do you have to substantiate your accusation of me “spinning”? You are assuming FACTS that as have yet, to be introduced into evidence,Sage. As a master of juris prudence,as you have crowned yourself a la Napoleon(Le Sage c’est moi)you should know this better than anyone else.

ddrb,

These are your words:

“Well.if she has permanent disabilty to her right hand and arm,she thoretically could perform only half the physical duties-a one armed janitor?”

This implies, 100% permanent disability, all permanent disability is not 100%, it could be in a range of 1% to 100%.  Until the percentage of disability is known, is is wrong to make comments like “one armed janitor”.  The fact that she seems to be preforming this job for a number of years, if she is still in that position, would tend to make one believe that she is NOT 100% disabled in that arm.

Tommy in: Good news! We’ve found Ken V’s horse-a high horse-and Tommy’s riding it!-Now, why don’t you get off your high horse, Tommy?I meant my comment to sound ludicrous,not perjorative,and you know it! Why don’t you go back to counting comments?

ddrb—since Tommy in answered part of your post, I will leave that as he posted for it is quite accurate.

I only wish to address what your wrote:” You are assuming
FACTS that have as yet, to be introduced in evidence, Sage.”

Please tell me where I assumed any facts, as I surely did not.  You might not be cognizant of what this lawsuit is all about and why it went to the Supreme Court (notice I wrote you “might not be”, I did not say you did not know).  Always read what is written and don’t “spin” it, which you did above.

If we or anyone else on this WMW site wish to learn anything we need to pay attention.  Unfortunately WMW does an excellent job of “spinning” the subject matter into an impression of something that it is not.

To Matthew Vantress -

I don’t like to post twice, but this is addressed to you:  You are entitled to your opinions and I have no quarrel with that.
My point and suggestion is, to learn to write and write intelligently so that others can “digest”.  I don’t read your posts for they are too difficult to get things in perspective.

Actually you hurt Wal-Mart’s position with your postings, as they are by far in-coherent and the profanity never, never proves any point.  Clean it up and see the results, OK?

Sage in : Thank you for your reply ,Sage. The “fact” to which I refer is your declaration of fact that I AM spinning is , once again,you assuming ,and declaring it as fact.

hey sage tell the others like ddrb,screwed by and sdv to give me an honest straight answer when i raise a point and ask them a question instead of running,hiding and changing the subject like they always do.i dont hurt wms position at all.most sane people like myself can see through all these people and all the garbage and propaganda on wm on here.most of us can see that the govt is full of you know what and there stats are never honest because the govt lies all the time.

mv in : Matt, some people just don’t want to waste their energies and efforts upon you,and rather than insult you,they choose to politely ignore you. Please be certain to keep me on the list.

you ignore me because you cant handle the truth that you are so full of you know what on wm.