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

chatter8712 at gmail.com chatter8712 at gmail.com
Wed Feb 4 15:55:31 UTC 2009 

I am personally not a fan of the fact that the settlement does not
force Wal-mart to admit it was wrong. They do not claim guilt in the
matter in the settlement. Also, the sum paid out seems a bit low, and
Wal-mart gets it back if the checks aren't written in 120 days. I also
don't like the way that the PSA's that Walmart is required to spend
money on cannot mension Walmart, it's previous practices, or the
settlement.

On 2/4/09, ckrugman at sbcglobal.net <ckrugman at sbcglobal.net> wrote:
> 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
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > _______________________________________________
>>>>>
>>>>>
>>>>> > blindlaw mailing list
>>>>>
>>>>>
>>>>> > blindlaw at nfbnet.org
>>>>>
>>>>>
>>>>> > http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>>>>>
>>>>>
>>>>> > To unsubscribe, change your list options or get your account info for
>>>>>
>>>> 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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>>>>>
>>>>>
>>>>>
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>>>>
>>>>>
>>>>>
>>>>>
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>>>
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>
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-Shane
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