Cerebral Palsy Discrimination Lawsuit Against Walmart Will Proceed
Steven Bradley, who has had cerebral palsy since birth and was passed over for a job at Walmart several times, filed a lawsuit in conjunction with The Equal Employment Opportunity Commission (EEOC). Initially, the district court granted Walmart a summary judgment, finding that the EEOC had not established a prima facie case of discrimination; furthermore, the EEOC had not shown that Walmart’s non-discriminatory reasons for declining to hire Bradley were pretextual.
On appeal, the Eighth Circuit, a Court with a long track record of affirming summary judgments unanimously reversed the district courts decision. The court found that according to the evidence Bradley could have performed the necessary duties at Walmart with reasonable accommodations such as a wheelchair or crutches, and that Walmart’s reasons for not hiring Bradley were inconsistent at best.
Additionally, the Court rejected Walmart’s second and in my opinion much weaker argument that allowing a person with a disability such as Bradley’s to work while in a wheelchair or using crutches would pose a direct threat to himself/herself and/or others.
So as it stands the case will continue.
