[blindlaw] Announcement: DOJ Settlement Agreement with Walmart Stores, Inc.

Craig%20R.%20Anderson mar.cra at comcast.net
Tue Feb 3 03:06:56 UTC 2009


Well, folks, this is perhaps better than nothing.  But in this settlement Wal-mart is agreeing to do  little more than comply with the law for the next three years and pay a nominal amount into a dedicated fund.  With the federal government incurring a trillion dollars in debt this fiscal year, and the country in a raging recession, couldn't the DOJ have expended its scarce resources here to at least slightly more fruitful effect?  

Craig
----- Noel Nightingale <Noel.Nightingale at ed.gov> wrote:
> 
> 
> -----Original Message-----
> From: Region V ADA Information [mailto:GREATLAKES at LISTSERV.UIC.EDU]On
> Behalf Of Robin Jones
> Sent: Friday, January 23, 2009 11:32 AM
> To: GREATLAKES at LISTSERV.UIC.EDU
> Subject: Announcement: DOJ Settlement Agreement with Walmart Stores,
> Inc.
> 
> The following information is forwarded to you by the DBTAC-Great Lakes ADA
> Center (www.adagreatlakes.org) for your information:
> 
> Settlement Agreement between the United States of America and Wal-Mart
> Stores, Inc. Under Title III of the Americans with Disabilities Act
> 
> On January 16, 2009, the Civil Rights Division entered into a settlement
> agreement with Wal-Mart Stores, Inc. under Title III of the Americans with
> Disabilities Act (ADA) to improve access for persons with disabilities at
> Wal-Mart stores nationwide. The agreement resolves an investigation that
> was initiated after the Department received several complaints alleging
> that Wal-Mart had refused to make reasonable modifications to its rules,
> policies, practices, and procedures for customers with disabilities in
> violation of Title III of the ADA. Many of the complaints alleged that
> persons with disabilities were denied access to Wal-Mart stores or were
> denied an equal opportunity to shop, free of repeated challenges by
> Wal-Mart staff, because they were accompanied by serice animals. Service
> animals are dogs and other animals that are individually trained to work
> or perform tasks for persons with disabilities.
> 
> The settlement agreement covers all facilities located in the United
> States where Wal-Mart sells any good or service to members of the public,
> including all Wal-Mart stores, Supercenters, Sam's Clubs, and Neighborhood
> Markets. The settlement agreement, which will be effective for three
> years, requires Wal-Mart to take several steps to improve access for
> customers with disabilities, including:
> 
>     * an undertaking by Wal-Mart not to discriminate in violation of Title
> III of the ADA and to provide reasonable modifications to individuals
> with disabilities as required by Title III of the ADA, such as
> disability-related assistance such as helping customers in locating,
> lifting, and carrying items;
>     * the adoption and implementation of an ADA-compliant policy of
> welcoming persons with disabilities who use service animals into
> Wal-Mart stores with little or no questioning and without repeated
> challenges by Wal-Mart employees;
>     * training for all employees on Wal-Mart's obligations under Title III
> of the ADA to make reasonable modifications for individuals with
> disabilities and Wal-Mart's new ADA-compliant service animal policy;
>     * additional training for store management and People Greeters, since
> employees in these positions have additional responsibilities under
> Wal-Mart's new service animal policy;
>     * the posting of Wal-Mart's new service animal policy on its website
> and in employee areas at its stores;
>     * the establishment of a grievance procedure in which Wal-Mart will
> receive complaints alleging violations of Title III of the ADA at a
> toll-free hotline, investigate such complaints, and take appropriate
> corrective actions to resolve any noncompliance with Title III of the
> ADA, including relief to complainants where appropriate;.
> 
> Under the settlement agreement, Wal-Mart will also pay $150,000 into a
> fund to compensate certain individuals with disabilities who filed
> administrative complaints with the Department alleging Wal-Mart's refusal
> to make reasonable modifications, including the denial of equal access to
> persons with disabilities who use service animals. The Civil Rights
> Division will determine which complainants are to receive damages from the
> fund and the amount of damages to be received.
> 
> In furtherance of the public interest, Wal-Mart will also pay an
> additional $100,000 into a fund that will be used by the Civil Rights
> Division to finance a public service announcement campaign to increase
> public awareness of the access rights of persons with disabilities who use
> service animals. The nature and scope of the public service announcement
> campaign will be determined by the Civil Rights Division.
> 
> The complete Settlement Agreement is available on the US Department of
> Justice ADA Website at:  http://www.ada.gov/walmart.htm#settlement
> 
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