[blindlaw] Announcement: DOJ Settlement Agreement withWalmartStores, Inc.

ckrugman at sbcglobal.net ckrugman at sbcglobal.net
Wed Feb 4 15:46:02 UTC 2009


Unfortunately, the discrimination that was going on by Wal-Mart goes hand in 
hand with all the other bad business practices that it has engaged in 
including the way it treats its employees, encouraging them to go on public 
benefits, etc and forcing its competition out of the markets especially in 
small towns. I need to clarify that I like James's strtategy not the 
Wal-Mart discrimination practices. For political reasons I have never 
shopped at Wal-Mart and don't intend to start now.
Chuck
----- Original Message ----- 
From: "Michael Fry" <mikefry79 at gmail.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, February 03, 2009 10:02 PM
Subject: Re: [blindlaw] Announcement: DOJ Settlement Agreement 
withWalmartStores, Inc.


> discriminating against service dogs and other accessibility issues while 
> the
> disabled person is in the store is particularly egregious to me.
>
> On Tue, Feb 3, 2009 at 9:28 PM, <ckrugman at sbcglobal.net> wrote:
>
>> I like it.
>> Chuck
>> ----- Original Message ----- From: <b75205 at gmail.com>
>> To: <blindlaw at nfbnet.org>
>> Sent: Tuesday, February 03, 2009 7:47 PM
>> Subject: Re: [blindlaw] Announcement: DOJ Settlement Agreement with
>> WalmartStores, Inc.
>>
>>
>>   No the solution here is to contact Dayton Hudson Corporation and tell
>>> them that Walmart was doing this, so they can put it into their Target 
>>> ads
>>> that if you are blind we will not shut the door on you or kick you out 
>>> of
>>> the store. That would have done much more than any of this stuff. You 
>>> need
>>> to humiliate the corporate boardroom and make heads roll before you are
>>> going to see any real changes out there.
>>>
>>> James
>>>
>>> On Feb 2, 2009 9:06pm, "Craig%20R.%20Anderson" <mar.cra at comcast.net>
>>> wrote:
>>>
>>>> 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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>>>>
>>>>
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>>>>
>>>>
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>>>>
>>>>
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>>> blindlaw:
>>>
>>>>
>>>>
>>>> >
>>>>
>>>
>>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/mar.cra%40comcast.net
>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
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>>>>
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>>
>>
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