[blindlaw] Announcement: DOJ Settlement AgreementwithWalmartStores, Inc.

ckrugman at sbcglobal.net ckrugman at sbcglobal.net
Wed Feb 4 21:43:20 UTC 2009 

Unfortunately, this is a problem with out of court settlements. The guilty 
party agrees to conditions but does not have to admit guilt. If I recall 
correctly while Target agreed to the settlement in NFB of California V 
Target there was no admission of wrongdoing either.
Chuck
----- Original Message ----- 
From: <chatter8712 at gmail.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Wednesday, February 04, 2009 7:55 AM
Subject: Re: [blindlaw] Announcement: DOJ Settlement 
AgreementwithWalmartStores, Inc.


>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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>>>>>>
>>>>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/b75205%40gmail.com
>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> _______________________________________________
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>>>>
>>>>
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>>
>>
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>
>
> -- 
> -Shane
> Website: http://www.blind-geek.com
> AIM: inhaddict
> MSN: shane at blind-geek.com
> Skype: chatter8712
> Twitter: blind_geek
>
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