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Walmart is seeking a new trial for Down Syndrome in an unfair termination

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Walmart is seeking a new trial following the release of a long-term employee with Down Syndrome. In July, a jury found that Walmart had abused employee Marlo Spaeth and awarded him damages.

At dusk on Tuesday, Walmart said it was unaware of the connection between Spaeth’s disability and his struggle to adjust to a new work schedule, which eventually led to his dismissal. Spaeth worked as a store member at a Walmart SuperCenter in Wisconsin for almost 16 years.

The cashier also says the U.S. Equal Employment Opportunity Commission, which replaced Spaeth in the lawsuit, did not prove that Walmart “discriminated against it with malice or indifference.” [her] federal rights. ” “The company is demanding that the compensation ordered to be paid to Spaeth be revoked and that a new trial be deserved.

Walmart declined to comment beyond the archive. The EEOC did not immediately respond to a request for comment.

The request for a new trial extends the long-running battle between the company and the EEOC in the disability discrimination case. Walmart, the country’s largest private employer, lost its disability lawsuit against the EEOC last year. The federal agency took the case on behalf of Spaeth.

A jury and a judge found that Walmart had violated the Americans with Disabilities Act when he released Spaeth instead of adjusting his schedule as a “reasonable accommodation” for his disability. His working hours changed when the Walmart store began using a computer programming system.

Spaeth and her sister, Amy Jo Stevenson, repeatedly asked the monitors to restore their old schedule, but Walmart refused, according to the lawsuit. Walmart started counting down the days when Spaeth left the store early and then fired him due to excessive absenteeism.

A federal jury ordered the company to pay more than $ 125 million in July in a lawsuit – one of the largest single-agency history in the federal agency. These damages were later reduced to $ 300,000, the maximum allowed by federal law.

In late February, a federal judge ordered Walmart to re-hire Spaeth and reimburse him for more than $ 50,000.

Stevenson told CNBC last week that his sister would soon return to work at the Walmart store. The couple said they were setting Spaeth’s start date.

Stevenson said his decision to return his sister’s decision was easy after all he had experienced, that he was missing out on customers and that he was eager to put on his Walmart vest again.

“He’ll be just as proud as Pauma,” Stevenson told CNBC last week. “That’s the same thing. He’s a Walmart partner. Having that again will give him integrity in a sense.”

Stevenson learned of Walmart’s file when he contacted CNBC on Wednesday morning.

“We think the jury did well the first time,” he said.

Walmart is seeking a new trial for Down Syndrome in an unfair termination

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