UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Northern Division

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

10 S. Howard Street, 3rd Floor

)

Baltimore, Maryland 21201,

)

)

Plaintiff,

)

)

v.

)

)

WAL-MART STORES, INC.,

)

)

401 Constant Friendship Boulevard

)

Abington, Maryland 21009,

)

)

Defendant.

)

)

-----------------------------------)

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Civil Action No.

COMPLAINT AND JURY DEMAND

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NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I

of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

disability and to provide appropriate relief to Glenda D. Crocamo ("Ms. Crocamo"), who was

adversely affected by such practices. Since at least April, 2003, Defendant, Wal-Mart Stores,

Inc., declared its employee Glenda D. Crocamo incapable of performing her position of

Pharmacy Technician, despite her successful performance in that position throughout her many

years of employment, denied her a reasonable accommodation, and unlawfully discharged her

because of her disability, in violation of the Americans With Disabilities Act of 1990.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.c. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-5(f)(1) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The unlawful employment practices alleged herein were committed within the judicial district of this Court.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission ("the Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Wal-Mart Stores, Inc. ("Defendant") has continuously been a corporation organized under the laws of the State of Delaware doing business within the State of Maryland, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 US.C.§ 12111(5), and Section 101(7) of the ADA, 42 US.c. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 US.C. §§ 2000e(g) and (h).
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6. At all relevant times, Defendant has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Ms. Crocamo filed a charge with the Commission alleging violations of Title I of the ADA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Ms. Crocamo has at all times relevant been a qualified individual with a disability within the meaning of the ADA. As a result of sustaining a gunshot wound, Ms. Crocamo suffered permanent damage to her spinal cord, resulting in weakness of the lower extremities, hypertonicity (spasticity) of the lower extremities, chronic pain related to spinal nerve damage, muscle hypertonicity and abnormal gait requiring the use of a cane as an assistive device, sensory deficits which increase fall risk, and reduced range of motion of the right lower extremity. 9. Ms. Crocamo began working for Defendant as a Pharmacy Technician in July, 1993 and remained in this position throughout her employment. Ms. Crocamo was at all relevant times physically capable and willing to perform all essential functions of her position, with or without reasonable accommodation. At no time did\1s. Crocamo fail or refuse to perform any function of her job as Defendant requested. 10. At least since April 8, 2003 and continuing to the present, Defendant has engaged in unlawful conduct at its Abington, Maryland store, Store #2009, in violation of Sections 102(a), 102(b)(5)(a) and 102(b)(5)(b) of Title I of the ADA, 42 U.S.C. Section 12112(a), 12112(b)(5)(a) and 12112(b)(5)(b). The practices include declaring Ms. Crocamo incapable of
3

perfonning her position with or without a reasonable accommodation, despite her successful job perfonnance throughout her employment, denying her a reasonable accommodation, and on July 18, 2003, unlawfully discharging her because of her disability.
11. As a direct and proximate result of these violations of her rights under the ADA, Ms. Crocamo has suffered damages in the fonn of expenses for job searches, expenses incurred due to the loss of health insurance, and other past pecuniary losses. In addition, she has suffered emotional pain, suffering, inconvenience, mental anguish, embarrassment, frustration, humiliation, and loss of enjoyment of life.
12. The unlawful employment practices complained of above were intentional. 13. The unlawful employment practices complained of herein were, and are being, done with malice or with reckless indifference to the federally protected rights of Ms. Crocamo. 14. The unlawful employment practices complained of herein have caused Ms. Crocamo to suffer economic injuries, including but not limited to lost wages, as well as nonpecumary lllJunes.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a pennanent injunction enjoining Defendant, its officers, successors,
assigns, and all persons in active concert or participation with it, from refusing to accommodate and from illegally tenninating individuals who are disabled within the meaning of the ADA, and any other employment practice which discriminates on the basis of disability.
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B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Ms. Crocamo by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant to reinstate Ms. Crocamo or to make her whole by providing her with front pay, in amounts to be determined at trial, to eradicate the effects of Defendant's unlawful employment practices.
E. Order Defendant to make whole Ms. Crocamo by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial.
F. Order Defendant to make whole Ms. Crocamo by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including but not limited to emotional and mental anguish, pain and suffering, humiliation, loss of enjoyment of life, and devastation in amounts to be determined at trial.
G. Order Defendant to pay Ms. Crocamo punitive damages for its malicious and reckless conduct, as described hereinabove, in amounts to be determined at trial.
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H. Grant such further legal or equitable relief, including injunctive relief, as the Court deems necessary and proper in the public interest.
1. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission hereby requests a jury trail on all questions of fact raised by its Complaint.
Respectfully submitted, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel
Supervisory Trial Attorney
.2·1/14~
MARIA SALACUSE Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4341 (phone) (410) 962-4270 (fax)
6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al.,
Plaintiffs, v. WAL-MART STORES, INC., Defendant.

Case No. 1:06-CV-2514-AMD

PARTIES’ PROPOSED CONFIDENTIALITY ORDER Pursuant to Fed. R. Civ. P. 26(c) and Local Rule 104.13, Plaintiffs EEOC and Glenda Allen and Defendant Wal-Mart Stores, Inc. hereby jointly propose this Confidentiality Order to protect confidential and sensitive information regarding Plaintiff Glenda Allen and confidential, proprietary and/or sensitive commercial information regarding Defendant Wal-Mart Stores, Inc., as well as confidential documents and information related to current and/or former employees of Defendant, who are not parties to this action. Plaintiffs and Defendant are willing to produce such relevant, non-objectionable documents responsive to discovery requests that contain such confidential, proprietary and/or sensitive information, so long as all parties agree to limit such use of information solely to this action and in strict accordance with the terms and conditions of this Confidentiality Order. Therefore, to preclude discovery disputes and to protect against the unauthorized dissemination and use of such information disclosed through discovery in this

action, the parties hereby voluntarily agree and stipulate to the entry of this Confidentiality Order.
Accordingly, good cause having been showing within the meaning of Fed. R. Civ. P. 26(c) and Local Rule 104.13, and it appearing that the parties to this action consent to the Confidentiality Order, IT IS HEREBY ORDERED THAT:
1. The parties anticipate that the following confidential documents may be disclosed or procured during this litigation: (1) records relating to Plaintiff Glenda Allen’s medical and psychological condition(s) and the evaluation and treatment of same; (2) Plaintiff Glenda Allen’s financial information; (3) proprietary and confidential policies relating to Defendant’s compensation structures, benefits, and packages, software systems, and various training modules and manuals; and (4) personnel and compensation information pertaining to current and former Wal-Mart associates who are not parties to this action.
2. As used herein, the word “document” means (a) all papers, documents, and printed and written materials produced or furnished by, or obtained by Plaintiffs or Defendant during the course of this matter through discovery or third-party subpoenas; (b) all copies, extracts, and complete or partial summaries prepared from such papers or documents; (c) portions of deposition transcripts and exhibits thereto that relate to, contain, or incorporate by reference any such papers, documents, copies, extracts, or summaries; and (d) not any materials that in the good faith judgment of counsel are privileged or work product materials.
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3. All documents produced and information furnished by Plaintiffs or Defendant that are designated as “CONFIDENTIAL” by the producing party shall be treated as such by all persons to whom such documents are disclosed. Such confidential documents, and all copies, summaries, compilations, notes, or abstracts, shall be used exclusively in this action and for no other purpose. Any documents designated as “CONFIDENTIAL” pursuant to this Order may not be disclosed wholly, in part, or in substance to persons not parties to this lawsuit except as set forth below.
4. If any confidential document is used during any deposition, the deposition or relevant portions thereof (as designated by agreement of counsel) shall be treated as confidential in accordance with Paragraph 3, supra.
5. Any document, information, or deposition designated as “CONFIDENTIAL” under this Order shall, if filed with the Court, be clearly marked “CONFIDENTIAL” and specifically designated as subject to the terms of this Confidentiality Order, sealed, placed in separate, secure storage by the Clerk, and opened only by authorized court personnel. The party making such filing shall simultaneously submit a motion and accompanying order in the manner set forth in Local Rule 105.11. Any documents filed under seal shall not be disseminated to the general public in any manner, including by use in any briefs, motions, or otherwise that may be open to the general public’s inspection. It shall not be necessary to file any brief, or portion of brief,
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under seal, as long as the brief does not disclose or refer to specific information contained in the “CONFIDENTIAL” document(s).
6. Documents, other materials, and deposition testimony designated as “CONFIDENTIAL” pursuant to the terms of this Order may be used only in connection with this case and may be disclosed only to the following persons: (a) To the parties and their respective counsel of record, their associated attorneys,
and their regularly employed support staff, including paralegal and clerical personnel, who have a need to review the documents or other materials to aid in the preparation of this case; (b) To the United States District Court for the District of Maryland, Northern Division, and any court of competent appellate jurisdiction, as well as Court personnel, including stenographic reporters regularly employed by the Court; (c) To other stenographic reporters as are necessarily incident to the conduct of this action; and, (d) Only on an as-needed basis, to witnesses or prospective witnesses or other persons requested by counsel to furnish technical or other expert services, including, but not limited to, physicians, doctors, or other medical personnel retained by a party to conduct an independent medical examination of Plaintiff Glenda Allen, provided that such witnesses are provided a copy of this Confidentiality Order, agree in writing not to disclose this information to any party or person outside this litigation, agree in writing to be bound by this
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Confidentiality Order, and consent in writing to the personal jurisdiction of the Court for any proceedings regarding violations of this Confidentiality Order. Counsel for each party shall maintain the original signed writing for each witness to whom the confidential documents are disclosed. The writing shall include the full name, address, and telephone number for each witness who signs.
7. Pursuant to Local Rule 104.13, a party shall have the right to challenge any designation of confidentiality by seeking an order of the Court with respect to any information, documents or things designated by another party as “CONFIDENTIAL.” The challenging party will treat all materials or information designated as “CONFIDENTIAL” in accordance with the requirements of this Order during the pendency of such motion. The parties agree that before seeking any relief from the Court under this paragraph they will make a good faith effort to resolve any disputes concerning the confidential treatment of any information. The parties further agree that the burden shall remain on the party seeking confidentiality to justify it under Fed. R. Civ. P. 26(c).
8. Within thirty (30) days after the final termination of this litigation, all documents, transcripts or other materials afforded confidential treatment pursuant to this Order and in the possession of the parties or their counsel, including any extracts, summaries or compilations taken therefrom, but excluding any materials that in the good faith judgment of counsel are work product materials, shall be returned to the party who furnished such materials, upon request, at the expense of the requesting party.
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9.

The provisions of this Order will not affect the admissibility of evidence at trial or any

preliminary evidentiary proceeding in open court, except as directed by separate order entered

for good cause shown or by other applicable rules. Any party may move the Court for an order

that the evidence be received in camera or under other conditions to prevent unnecessary

disclosure. The Court will then determine whether the proffered evidence should continue to be

treated as confidential information, and, if so, what protection, if any, may be afforded to such

information at trial.

10.

At the conclusion of the case, the parties hereby permit the Clerk of the Court to return to

undersigned counsel or to destroy any sealed material filed during the litigation.

AGREED AND CONSENTED TO BY:

FOR PLAINTIFFS:

FOR DEFENDANT:

/s/ Maria Salacuse Maria Salacuse (Bar No. 15562) U.S. Equal Employment Opportunity Commission 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4341 (phone) (410) 962-4270 (fax)

/s/ Erik C. Johnson Erik C. Johnson (Bar No. 16291) Littler Mendelson, P.C. 1150 17th Street, N.W. Suite 900 Washington, D.C. 20036 (202) 842-3400 (phone) (202) 842-0011 (fax)

/s/ Christopher M. Marts Christopher M. Marts (Bar No. 10754) Christopher M. Marts, P.C. 17 W. Courtland Street, Suite 130 Bel Air, Maryland 21014 (410) 879-7500 (phone)

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SO ORDERED, this _3_0_t_h_ day of ___Ja_n_u_a_r_y_________, 2007. __/_s/_A_n_d_r_e_M__._D__a_v_is_________________ United States District Court Judge
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 Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 1 of 16

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION, et al.,

)

)

Plaintiffs,

)

)

v.

)

)

WAL-MART STORES, INC.,

)

)

Defendant.

)

__________________________________________)

Civil Action No. AMD-06-2514

CONSENT DECREE This action was instituted by Plaintiff, Equal Employment Opportunity Commission (the “EEOC” or the “Commission”), against Defendant, Wal-Mart Stores, Inc. (hereinafter “Defendant” or “Wal-Mart”), alleging that Defendant violated Sections 102(a), 102(b)(5)(a) and 102(b)(5)(b) of Title I of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12112(a); 12112(b)(5)(a) and 12112(b)(5)(b) by declaring Glenda D. Allen (formerly known as Glenda D. Crocamo) incapable of performing her position with or without reasonable accommodation, denying her a reasonable accommodation, and on July 18, 2003, unlawfully discharging her because of her disability. Plaintiff-Intervenor, Glenda D. Allen, thereafter intervened in this lawsuit. The parties desire to resolve the Commission’s action without the time and expense of continued litigation, and they desire to formulate a plan to be embodied in a Decree which will promote and effectuate the purposes of the ADA.

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Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 2 of 16
The Court has examined this Decree and finds that it is reasonable and just and in accordance with the Federal Rules of Civil Procedure and the ADA. Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
Scope of Decree 1. This Decree resolves all issues and claims in the Complaints filed by the Commission and Glenda D. Allen in this ADA action which emanated from the Charge of Discrimination filed by Glenda D. Allen. This Decree in no way affects the Commission’s right to process any other pending or future charges that may be filed against Defendant and to commence civil actions on any such charges as the Commission sees fit. 2. This Decree shall be in effect for a period of three years from the date it is entered by the Court. During that time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate the purposes of the Decree. 3. Except as otherwise specified in this Decree, the terms of this Decree apply to all Wal-Mart pharmacies in Pharmacy District 277, the district that includes the Abingdon, Maryland pharmacy, as well as the entire Abingdon, Maryland store (Store #2009). 4. This Decree, being entered with the consent of Plaintiffs and Defendant, shall not constitute an adjudication or finding on the merits of the case, and shall not be construed as an admission of liability by Defendant.
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Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 3 of 16
Relief to Glenda D. Allen 5. Within ten business days of entry of this Decree, Defendant shall pay Glenda D. Allen and her attorney Christopher M. Marts, Esq. monetary relief in the total amount of $250,000, representing $150,000 in compensatory damages, $50,000 in back pay, and $50,000 in attorney’s fees. The checks will be sent directly to Ms. Allen’s attorney, Christopher M. Marts, and a photocopy of the checks and related correspondence will be mailed to the EEOC, Baltimore Field Office, 10 S. Howard Street, 3rd Floor, Baltimore, Maryland 21201. Defendant will issue to Ms. Allen a United States Internal Revenue Services Form 1099 for the 2008 tax year for the compensatory damages amounts paid to her and a W-2 form for the back pay paid to her.
Injunctive Relief 6. Defendant, its officers, agents, servants, employees and all persons acting or claiming to act in its behalf and interest hereby are enjoined from violating the provisions of Title I of the ADA, including the following provision:
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to . . . advancement, or discharge of employees . . . and other terms, conditions, and privileges of employment. ADA, Title I, Section 102(a).
ADA Training 7. Within three months from the entry of this Decree, Defendant will provide all salaried supervisors or managers in the Abingdon, Maryland Store and in the pharmacies located within the district that includes the Abingdon, Maryland pharmacy who are responsible for receiving and reviewing requests for reasonable accommodation (including but not limited to
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Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 4 of 16
those individuals deemed to be “facility managers” under Defendant’s reasonable accommodation policy and procedure) with no fewer than two hours of live training on the requirements and prohibitions of the ADA. Each year thereafter for the duration of this Decree, Defendant will provide all salaried supervisors or managers identified above one hour of refresher training on the requirements and prohibitions of the ADA to be conducted either live or by DVD/video. Within three months from the entry of this Decree, Defendant shall also provide two hours of live training on the requirements and prohibitions of the ADA to former District Pharmacy Manager George Tirch and Store Manager William Adler.
a. The ADA training will be conducted by James Venable, an attorney in Employment Counseling at Wal-Mart’s home office, or another attorney in Employment Counseling in conjunction with the Regional HR Management team.
b. The content of the ADA training will cover all areas of prohibited ADA discrimination, but will include special emphasis on reasonable accommodation and the duty to engage in an interactive process. The training will also address reassignment as a reasonable accommodation, emphasizing when possible reassignment should be made to a vacant position that is equivalent in terms of pay, status, or other relevant factors (e.g. benefits, geographical location) if the employee is qualified for the position.
c. Defendant shall provide a copy of its training materials to the EEOC’s Baltimore Field Office in advance of its training.
d. Defendant will maintain attendance records identifying the name and job title of the attendees at each session. Within twenty business days of the training, Defendant will forward to EEOC a copy of the attendance records from the training session.
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Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 5 of 16
8. Within 60 days of the date of hire and/or promotion of newly hired salaried managers and supervisory personnel at all Wal-Mart pharmacies in the pharmacy district that includes the Abingdon, Maryland pharmacy and in the Abingdon, Maryland store who are responsible for receiving and reviewing requests for reasonable accommodation (including but not limited to those individuals deemed to be “facility managers” under Defendant’s reasonable accommodation policy and procedure), Defendant shall provide such personnel with ADA training. The training will be conducted live or in DVD/Video format.
a. The content of the anti-discrimination training is set forth in Paragraph 7(b) of this Decree.
b. Defendant will maintain records identifying the name and job title of the employees receiving such training, the date of commencement of each such employee’s managerial or supervisory position, and date of training. Every six months, for the duration of this Decree, Defendant will forward to EEOC a copy of the records regarding such training.
Notice and Postings 9. Within ten business days of entry of this Decree, Defendant will post and cause to remain posted the posters required to be displayed in the workplace by Commission Regulations, 29 C.F.R. § 1601.30, in all places where notices to employees customarily are posted at its stores. 10. Within ten business days of entry of this Decree, Defendant will post in all places where notices to employees customarily are posted at the Abingdon, Maryland Store and the pharmacies in the Abingdon Maryland pharmacy district Exhibit A (“Notice to Employees”), and Exhibit B [Defendant’s recently revised and implemented ADA policy – PD-58]. Exhibit A
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Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 6 of 16
shall be posted and maintained for the duration of this Decree. Exhibit B shall be a copy of Defendant’s ADA Policy that is in effect at the time the Decree is entered, and the current version of the ADA policy in effect shall be posted and maintained for one year. Exhibit A shall also be signed by Defendant’s Pharmacy District Manager for the District in which the Abingdon, Maryland Pharmacy is located as well as the Store Manager for the Abingdon, Maryland store for the posting in that Store, with the date of actual posting shown thereon. Should the Exhibits become defaced, marred, or otherwise made unreadable, Defendant will ensure that new readable copies of the Exhibits are posted in the same manner as heretofore specified. Within 30 days of approval of this Decree, Defendant shall forward to the Commission’s Baltimore Field Office a copy of the signed Notice (Exhibit A) and written certification that all Exhibits have been posted and a statement of the location(s) and date of posting.
Monitoring Provisions 11. Defendant’s Director of ADA Services will direct, monitor and maintain responsibility for implementation of this Decree so that compliance with this Decree is effectuated in coordination with Defendant’s other ADA programs and its compliance with other court orders. 12. Every six months for the duration of this Decree, Defendant will prepare and submit to the Commission a list of all individuals working in the Abingdon, Maryland Store and the pharmacies within the district that includes the Abingdon, Maryland pharmacy who have been denied a reasonable accommodation sought under the ADA during the previous six months. The list will include each individual’s name; location; a brief description of accommodation
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Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 7 of 16
requested; the reasons for the denial; and the name of each manager or supervisor involved in relevant job action decision. If no individuals have been denied an accommodation sought under the ADA, Defendant will so inform the Commission’s Baltimore Field Office.
13. Every six months for the duration of this Decree, Defendant will prepare and submit to the Commission a list of all individuals working in the Abingdon, Maryland Store and the pharmacies within the district that includes the Abingdon, Maryland pharmacy who have complained externally, formally through Defendant’s Open Door Policy, or through the appeals process conducted by Defendant’s ADA Services department that they have been unlawfully denied a reasonable accommodation and/or terminated because of their disability during the previous six months. This list will include each individual’s name; location; nature of the individual’s complaint; date complaint or report was received; description of Defendant’s actions taken in response to the complaint or report, including the name of each manager or supervisor involved in those actions. If no individuals have complained of or reported any discrimination in employment on the basis of disability during those six months, Defendant will so inform the Commission’s Baltimore Field Office.
14. All materials required by this Decree to be sent to EEOC shall be addressed to: Equal Employment Opportunity Commission Baltimore Field Office
Attention: Maria Salacuse, Senior Trial Attorney 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201
15. The Commission, Plaintiff-Intervenor, and Defendant shall bear their own costs and attorneys’ fees, except as otherwise specified in this Decree.
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Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 8 of 16

16. The undersigned counsel of record in the above-captioned action hereby consent, on behalf of their respective clients, to the entry of the foregoing Consent Decree.
Respectfully submitted,

FOR PLAINTIFFS:
____________/s/___________________ Ronald S. Cooper General Counsel
____________/s/___________________ Jacqueline McNair Regional Attorney
____________/s/___________________ Debra M. Lawrence Supervisory Trial Attorney
____________/s/___________________ Maria Salacuse (Bar No. 15562) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore Field Office 10 S. Howard Street, 3d Floor Baltimore, MD 21201
____________/s/___________________ Christopher M. Marts, Esq. (Bar No. 10754) (signed by Maria Salacuse w/ permission of Christopher M. Marts) Counsel for Intervening Plaintiff Christopher M. Marts, P.C. 17 W. Courtland Street, Suite 130 Bel Air, Maryland 21014

FOR DEFENDANT:
___________/s/____________________ Erik C. Johnson (Bar No. 16291) (signed by Maria Salacuse w/ permission of Erik C. Johnson) LITTLER MENDELSON 1150 17th Street, NW, Suite 900 Washington, DC 20036

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Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 9 of 16

SO ORDERED. Signed and entered this 6th day of June

, 2008.

_/s/ Andre M. Davis United States District Court Judge

9

Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 10 of 16 Exhibit A
NOTICE TO EMPLOYEES & APPLICANTS

This Notice is posted as part of a remedy agreed to pursuant to a Consent Decree entered in the case of Equal Employment Opportunity Commission v. WalMart Stores, Inc., Case No. AMD-06-2514, on file in the United States District Court for the District of Maryland. The agreed remedy as set forth in the Consent Decree includes monetary relief; training; notice and postings; and reporting requirements.
The Americans with Disabilities Act (“the ADA”) makes it unlawful for an employer to discriminate against any qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. Under the ADA, the term “discriminate” includes not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability.
The term “reasonable accommodation” may include: making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examination, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

Therefore, in accordance with the applicable law:
WAL-MART WILL NOT engage in any acts or practices made unlawful by the ADA.
WAL-MART WILL provide reasonable accommodations to its employees with disabilities and ensure that any policies implemented can be modified or adjusted so as to conform to the requirements of the ADA.
Employees or job applicants should feel free to report instances of discriminatory treatment to their supervisor, a manager, or Wal-Mart’s employee hotline [1-800-WM-ETHIC], at any time. Wal-Mart has established policies and procedures to promptly investigate any such reports and to protect the person making the reports from retaliation, including retaliation by the person allegedly guilty of the discrimination. Individuals are also free to make complaints of employment discrimination directly to the Equal Employment Opportunity Commission’s Baltimore Field Office at 10 S. Howard Street, 3rd Floor, Baltimore, Maryland 21201 or by calling 1800-669-4000/ TTY (410) 962-6065. General information may also be obtained on the Internet at www.eeoc.gov.
______________________________________ Pharmacy District Manager
______________________________________ Store Manager, Abingdon Store #2009.

WIRE

Page 1 of 3 Case 1:06-cv-02514-AMD Document 64 Filed 06/09/08 Page 11 of 16

All Material Wal-Mart Confidential. © 2008

Printed By: Sarah Emerson - sjemers

Page Source: WIRE

Date Printed: Friday, May 23, 2008

Policies

Accommodation in Employment (Medical-Related) Policy (PD58) - National

Updated: April 15, 2008
This Policy applies to all Associates who work for Wal-Mart Stores, Inc., or one of its subsidiary companies, in the United States ("Wal-Mart"), except for Associates who work in the following states (click on the individual state for the Policy applicable in that state):

California Connecticut Hawaii Illinois Kentucky
Policy

Louisiana Maine Maryland Massachusetts Michigan

New Hampshire New Jersey New Mexico New York Ohio

Rhode Island Tennessee Washington West Virginia Wisconsin

At Wal-Mart, every Associate and job applicant has full access to equal employment opportunities. Wal-Mart will provide Associates who have a disability with reasonable accommodations to enable them to perform the essential functions of their jobs, seek new jobs within the Company, and enjoy the benefits of employment. Wal-Mart will also provide reasonable accommodations during the hiring process to job applicants with a disability.
If you have a medical condition that is not a disability, but which prevents you from performing your job, including pregnancy, you may be eligible for a job aid or environmental adjustment under this Policy, a leave of absence under the Leave of Absence Policy (PD-24), or, you also may request transfer to another open position under the Associate Transfer Policy (PD-05). Logistics Associates may request transfer under the Associate Job Transfer Program 115-1.
Wal-Mart strictly prohibits discrimination or harassment against any Associate, job applicant, Customer, Member, supplier, or agent of Wal-Mart on the basis of a disability, a perceived disability, a record of having a disability, or a known close relationship with an individual who has a disability. For more information, refer to the Discrimination & Harassment Prevention Policy (PD-19).

Eligibility for a Job Aid or Environmental Adjustment due to a Medical Condition

You may be eligible for a job aid or environmental adjustment if you are qualified for the job you hold but, because of a medical condition, you need assistance to perform the essential functions of your job.
Job aid or environmental adjustment means a change in practices or the work environment which is both easily achievable and which will have no negative impact on the business. This type of accommodation does not include creating a job, light duty or temporary alternative duty, or reassignment.
A medical condition means a diagnosed mental or physical impairment.

Eligibility for a Reasonable Accommodation due to a Disability

You may be eligible for a reasonable accommodation if you are qualified for the job you hold or a job you seek but, because of a disability, you need assistance to apply for a new job, or to perform the essential functions of a job.
Disability means a physical or mental impairment that substantially limits one or more major life activities.
Qualified means you have the skills, ability, knowledge, certification, and experience necessary to do a job, and can perform the essential functions of a job either with or without reasonable accommodation.

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Reasonable accommodation means a change in policy, practices, or the environment which enable an Associate with a disability to perform the essential functions of his/her job without creating an undue hardship for the Company. Reasonable accommodations can include, depending on the circumstances:
z making existing facilities more accessible; z providing assistive devices or modifying equipment; z changing non-essential job functions; z providing part-time or modified work schedules; z providing readers or interpreters; z permitting the use of accrued paid leave; z providing unpaid leave or reassignment to an open vacant position.
Reasonable accommodations do notinclude:
z reassignment to a job that is not vacant; z creating a new job; z eliminating essential functions of a job; z providing assistive devices needed outside of the workplace (such as eyeglasses or hearing aids); and z providing an accommodation that imposes an undue hardship on the Company.
Undue hardship means that the accommodation is excessively costly, disruptive, or would alter the nature or operation of the business.
In some circumstances, the reasonable accommodation may include reassignment to a vacant job for which you are qualified. However, this option will occur only if there is no effective reasonable accommodation in your current job or when an accommodation in your current job would create an undue hardship. Your Manager will attempt to reassign you to a vacant job with comparable hours, pay, and other benefits of employment; however, upon reassignment, you will be paid according to the reassigned job.
Requesting an Accommodation due to a Medical Condition or Disability
You may request an accommodation, whether due to a medical condition or a disability, whenever you choose, verbally or in writing, by telling any Salaried Member of Management in your facility that, because of your condition, you need help to do your job or gain access to your workplace. A family member, friend, job coach, or health professional may request such a change on your behalf.
Accommodation means either a job aide or environmental adjustment requested due to a medical condition or a reasonable accommodation requested due to a disability.
You also may request an accommodation if you need assistance applying for a new job, completing an assessment for a new job, or to gain access to any other benefit of employment.
If you have contact with an applicant for a job at Wal-Mart who makes a request for a reasonable accommodation, you must inform a Salaried Member of Management immediately.
The Accommodation Process
The accommodation process is voluntary, and you may withdraw a request for accommodation at any time.
As soon as you request an accommodation, Wal-Mart will begin working with you to determine whether or not you are eligible for a job aid or environmental adjustment due to your medical condition. If your requested accommodation is not granted as a job aid or environmental adjustment, you will be considered for reasonable accommodation.
Wal-Mart will continue to work with you to determine whether or not you are eligible for reasonable accommodation due to a disability. If you are a qualified individual with a disability, Wal-Mart will determine whether there is a reasonable accommodation that will be effective to meet your individual needs. It is important that you engage in an interactive process and provide information that will assist in understanding your abilities. Wal-Mart welcomes your suggestions for an accommodation, and the Company will give consideration to your preferred accommodation.
Accommodation Request Form
To facilitate this process, you will be given a REQUEST FOR ACCOMMODATION PACKET containing information helpful to you,

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and a REQUEST FOR ACCOMMODATION FORM that you should complete. If you want or need assistance filling out any form, please see your personnel representative or a Salaried Member of Management. You need not complete a new form each time you request the same accommodation. However, you must give reasonable notice of your need for the accommodation.
Medical Documentation due to a Medical Condition or Disability
When you request an accommodation, Wal-Mart may request that you provide medical documentation regarding your condition in order to determine what accommodation will be effective to meet your needs. When requested, you must provide medical documentation from a health care professional explaining the nature of your medical condition, the extent of any limitations you have, and whether a reasonable accommodation will enable you to perform the essential functions of your job. If you do not provide appropriate or adequate information within 15 days of your request, or you do not cooperate in the Company's efforts to obtain such information, the Company may deny your request for accommodation.
Confidentiality
Wal-Mart will make every reasonable effort to maintain the confidentiality of all information related to your request for a reasonable accommodation, including your medical information. Wal-Mart will disclose information to only those having a need to know in order to facilitate resolution of your accommodation request.
Retaliation
Wal-Mart prohibits taking negative action against any Associate or job applicant for requesting an accommodation
Contacts
For further guidance, contact:

Facility Wal-Mart Stores:
Sam's Clubs:
Field Logistics: Home Office:

Contact Person
Store Manager Market Manager Market Human Resources Manager Regional Human Resources Director Accommodations Service Center
Club Manager Market Manager Market Human Resources Manager Regional Human Resources Director Accommodations Service Center
Human Resources Manager Regional Human Resources Manager Accommodations Service Center
People Manager People Director Accommodations Service Center

This Policy does not create an express or implied contract of employment or any other contractual commitment. Wal-Mart may modify this Policy at its sole discretion without notice, at any time, consistent with applicable law. Employment with Wal-Mart is on an at-will basis, which means that either Wal-Mart or the Associate is free to terminate the employment relationship at any time for any or no reason, consistent with applicable law.

Last Updated: April 28, 2008

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All Material Wal-Mart Confidential. © 2008

Printed By: Becky Hillhouse

Page Source: WIRE

Date Printed: Tuesday, April 22, 2008

Policies

Accommodation in Employment (Medical-Related) Policy (PD58) - Maryland

Updated: April 15, 2008
This Policy applies only to Associates who work for Wal-Mart Stores, Inc., or one of its subsidiary companies ("Wal-Mart"), in Maryland.
Policy
At Wal-Mart, every Associate and job applicant has full access to equal employment opportunities. Wal-Mart will provide Associates who have a disability with reasonable accommodations to enable them to perform the essential functions of their jobs, seek new jobs within the Company, and enjoy the benefits of employment. Wal-Mart will also provide reasonable accommodations during the hiring process to job applicants with a disability.
If you have a medical condition that is not a disability, but which prevents you from performing your job, you may be eligible for a job aid or environmental adjustment under this Policy, a leave of absence under the Leave of Absence Policy (PD-24), or, you also may request transfer to another open position under the Associate Transfer Policy (PD-05). Logistics Associates may request transfer under the Associate Job Transfer Program 115-1.
Wal-Mart strictly prohibits discrimination or harassment against any Associate, job applicant, Customer, Member, supplier, or agent of Wal-Mart on the basis of a disability, a perceived disability, a record of having a disability, or a known close relationship with an individual who has a disability. For more information, refer to the Discrimination & Harassment Prevention Policy (PD-19).
Eligibility for a Job Aid or Environmental Adjustment due to a Medical Condition
You may be eligible for a job aid or environmental adjustment if you are qualified for the job you hold but, because of a medical condition, you need assistance to perform the essential functions of your job.
Job aid or environmental adjustment means a change in practices or the work environment which is both easily achievable and which will have no negative impact on the business. This type of accommodation does not include creating a job, light duty or temporary alternative duty, or reassignment.
A medical condition means a diagnosed mental or physical impairment.
Eligibility for a Reasonable Accomodation due to a Disability
You may be eligible for a reasonable accommodation if you are qualified for the job you hold or a job you seek but, because of a disability, need assistance to apply for a new job or to perform the essential functions of a job.
Key Definitions

Qualified for the Job
Disability

Qualified means that you:
z satisfy the Company's prerequisites for the job, such as specific skills, licenses, experience, education, and/or physical and safety requirements; and
z can perform the essential functions of the job, with or without a reasonable accommodation; and z do not pose a direct threat (a significant risk of substantial harm) to your own safety or to the
safety or health of others that cannot be eliminated with a reasonable accommodation.
Disability means a physical or mental impairment that substantially limits one or more major life activities. Disability includes amputation, mental impairment that necessitates remedial or special education and related services, blindness or visual impairment, deafness or hearing impairment, epilepsy, muteness or speech impediment, HIV, paralysis, lack of physical coordination, physical reliance on a seeing eye dog,

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Essential Functions

wheelchair, or other remedial appliance or device, mental retardation.

Physical or mental impairment

A physical or mental impairment means a physiological disorder, condition, or anatomical loss affecting one or more body systems or any mental, psychological, or psychiatric disorder or condition.

Substantially limits

Substantially limits means that the person is unable to perform a major life activity or is significantly restricted as to the condition, manner, or duration of performing a major life activity that the average person in the general population can perform. Whether a person is substantially limited in a major life activity depends on the nature, severity, duration, and permanent or longterm impact of the impairment. A temporary impairment generally is not substantially limiting.

Major life activity

Major life activity means a basic activity considered central to most people's daily lives that the average person in the general population can perform with little or no difficulty including, but not limited to: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Essential functions mean job duties that are so fundamental to the job that the job cannot be done without performing them. A job function is essential if, for example, the position exists specifically to perform that function, there are a limited number of other Associates who could perform the function, or the Associate was hired based on his/her ability to perform a specialized function.

Requesting an Accommodation due to a Medical Condition or a Disability

You may request an accommodation, whether due to a medical condition or a disability, whenever you choose, verbally or in writing, by telling any Salaried Member of Management in your facility that, because of your condition, you need help to do your job or gain access to your workplace. A family member, friend, job coach, or health professional may request such a change on your behalf.
Accommodation means either a job aide or environmental adjustment requested due to a medical condition or a reasonable accommodation requested due to a disability.
You also may request an accommodation if you need assistance applying for a new job, completing an assessment for a new job, or to gain access to any other benefit of employment.
If you have contact with an applicant for a job at Wal-Mart who makes a request for a reasonable accommodation, you must inform a Salaried Member of Management immediately.

The Accommodation Process

The accommodation process is voluntary, and you may withdraw a request for accommodation at any time.
As soon as you request an accommodation, Wal-Mart will begin working with you to determine whether or not you are eligible for a job aid or environmental adjustment due to your medical condition. If your requested accommodation is not granted as a job aid or environmental adjustment, you will be considered for reasonable accommodation.
Wal-Mart will continue to work with you to determine whether or not you are eligible for reasonable accommodation due to a disability. If you are a qualified individual with a disability, Wal-Mart will determine whether there is a reasonable accommodation that will be effective to meet your individual needs. It is important that you engage in an interactive process and provide information that will assist in understanding your abilities. Wal-Mart welcomes your suggestions for an accommodation, and the Company will give consideration to your preferred accommodation.
Accommodation Request Form
To facilitate this process, you will be given a REQUEST FOR ACCOMMODATION PACKET containing information helpful to you, and a REQUEST FOR ACCOMMODATION FORM that you should complete. If you want or need assistance filling out any form, please see your personnel representative or a Salaried Member of Management. You need not complete a new form each time you request the same accommodation. However, you must give reasonable notice of your need for the accommodation.
Medical Documentation due to a Medical Condition or a Disability
When you request an accommodation, Wal-Mart may request that you provide medical documentation regarding your condition in order to determine what accommodation will be effective to meet your needs. When requested, you must

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provide medical documentation from a health care professional explaining the nature of your medical condition, the extent of any limitations you have, and whether a reasonable accommodation will enable you to perform the essential functions of your job. If you do not provide appropriate or adequate information within 15 days of your request, or you do not cooperate in the Company's efforts to obtain such information, the Company may deny your request for accommodation.
Confidentiality
Wal-Mart will make every reasonable effort to maintain the confidentiality of all information related to your request for a reasonable accommodation, including your medical information. Wal-Mart will disclose information to only those having a need to know in order to facilitate resolution of your accommodation request.
Retaliation
Wal-Mart prohibits taking negative action against any Associate or job applicant for requesting an accommodation
Contacts
For further guidance, contact:

Facility Wal-Mart Stores:
Sam's Clubs:
Field Logistics: Home Office:

Contact Person
Store Manager Market Manager Market Human Resources Manager Regional Human Resources Director Accommodations Service Center
Club Manager Market Manager Market Human Resources Manager Regional Human Resources Director Accommodations Service Center
Human Resources Manager Regional Human Resources Manager Accommodations Service Center
People Manager People Director Accommodations Service Center

This Policy does not create an express or implied contract of employment or any other contractual commitment. Wal-Mart may modify this Policy at its sole discretion without notice, at any time, consistent with applicable law. Employment with Wal-Mart is on an at-will basis, which means that either Wal-Mart or the Associate is free to terminate the employment relationship at any time for any or no reason, consistent with applicable law.

Last Updated: April 17, 2008

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 Case: 1:06-cv-2514 As of: 06/19/2018 12:22 PM EDT 1 of 7
CASREF,CLOSED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:06−cv−02514−AMD

EEOC v. Wal−Mart Stores, Inc. Assigned to: Judge Andre M Davis Referred to: Magistrate Judge Susan K. Gauvey Cause: 42:2000e
Plaintiff
EEOC

Date Filed: 09/26/2006 Date Terminated: 06/09/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Debra Michele Lawrence U S Equal Employment Opportunity Commission G. H. Fallon Federal Building 31 Hopkins Plaza, Suite 1432 Baltimore, MD 21201 14102092734 Fax: 4102092221 Email: debra.lawrence@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erik Christian Johnson Littler Mendelson PC 1150 17th St NW Ste 900 Washington, DC 20036 12028423400 Fax: 12028420011 Email: ejohnson@littler.com ATTORNEY TO BE NOTICED

Jacqueline H McNair US Equal Employment Opportunity Commission 801 Market St Penthouse Ste 1300 Philadelphia, PA 19107 12154402670 Fax: 12154402674 Email: jacqueline.mcnair@eeoc.gov TERMINATED: 08/08/2016 ATTORNEY TO BE NOTICED

Maria Luisa Morocco US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092730 Fax: 14109624270 Email: maria.morocco@eeoc.gov ATTORNEY TO BE NOTICED

Maria Salacuse US Equal Employment Opportunity Commission Baltimore Field Office 10 S Howard St Third Fl Baltimore, MD 21201 14102092733 Fax: 14109624270

Case: 1:06-cv-2514 As of: 06/19/2018 12:22 PM EDT 2 of 7
Email: maria.salacuse@eeoc.gov ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Glenda D. Allen

represented by Christopher M Marts Marts & Kettell, LLC 2112 Belair Rd. 21047 Fallston, MD 21047 410−879−7500 Fax: 410−838−8997 Email: cmartsesq@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erik Christian Johnson (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Wal−Mart Stores, Inc.

represented by Kevin Michael Kraham Littler Mendelson PC 815 Connecticut Avenue, NW Suite 400 Washington, DC 20006 2028423400 Fax: 8662078485 Email: kkraham@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erik Christian Johnson (See above for address) ATTORNEY TO BE NOTICED

V.
Intervenor Defendant
Wal Mart Stores East, L.P. TERMINATED: 01/04/2007

Date Filed 09/26/2006 09/26/2006 09/26/2006 09/27/2006 11/21/2006

# Docket Text
1 COMPLAINT against Wal−Mart Stores, Inc., filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 09/26/2006)
Jury Trial Demand by EEOC, Wal−Mart Stores, Inc.. (raf, Deputy Clerk) (Entered: 09/26/2006)
2 Summons Issued 20 days as to Wal−Mart Stores, Inc.. (raf, Deputy Clerk) (Entered: 09/26/2006)
3 NOTICE of Appearance by Jacqueline H McNair on behalf of EEOC (jlb, Deputy Clerk) (Entered: 09/27/2006)
4 SUMMONS Returned Executed by EEOC. Wal−Mart Stores, Inc. served on 11/8/2006, answer due 11/28/2006. (Salacuse, Maria) (Entered: 11/21/2006)

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11/22/2006

5 Local Rule 103.3 Disclosure Statement by Wal−Mart Stores, Inc.. (Johnson, Erik) (Entered: 11/22/2006)

11/22/2006

6 ANSWER to Complaint by Wal−Mart Stores, Inc..(Johnson, Erik) (Entered: 11/22/2006)

12/01/2006

7 SCHEDULING ORDER:Amended Pleadings due by 1/6/2006.,Discovery due by 6/30/2006.,Motions due by 7/28/2006.,Status Report due by 6/30/2006. (Judge Davis) (Entered: 12/01/2006)

12/05/2006

8 MOTION to Intervene by Glenda D. Grocamo. Responses due by 12/22/2006 (Attachments: # 1 Exhibit Memo in Support of Motion# 2 Exhibit Complaint in Intervention# 3 Text of Proposed Order)(Marts, Christopher) (Entered: 12/05/2006)

12/15/2006

9 MOTION for Leave to File Amended Complaint by EEOC. Responses due by 1/2/2007 (Attachments: # 1 Exhibit Memorandum in Support of Motion# 2 Exhibit Amended Complaint (Clean copy)# 3 Exhibit Amended Complaint (Redlined copy)# 4 Text of Proposed Order)(Salacuse, Maria) (Entered: 12/15/2006)

12/21/2006

10 Consent MOTION to Amend/Correct its Answer and Memorandum of Law in Support Thereof by Wal−Mart Stores, Inc.. Responses due by 1/8/2007 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Text of Proposed Order)(Johnson, Erik) (Entered: 12/21/2006)

12/21/2006

11 MOTION to Withdraw 9 MOTION for Leave to File Amended Complaint. Responses due by 1/8/2007 (Attachments: # 1 Text of Proposed Order)(Salacuse, Maria) (Entered: 12/21/2006)

12/22/2006

12 PAPERLESS ORDER granting 8 Motion to Intervene and directing clerk to docket intervenor's complaint; finding as moot 9 Motion for Leave to File; granting 10 Motion to Amend/Correct; granting 11 Motion to Withdraw (Judge Davis) (Entered: 12/22/2006)

12/22/2006 13 PAPERLESS MEMORANDUM to Parties noting that the dates in the scheduling order should reflect 2007 and not 2006. (Judge Davis) (Entered: 12/22/2006)

12/22/2006 14 INTERVENOR COMPLAINT, filed by Glenda D. Allen, EEOC.(jlb, Deputy Clerk) (Entered: 12/22/2006)

12/22/2006

Jury Trial Demand by EEOC, Glenda D. Allen. (jlb, Deputy Clerk) (Entered: 12/22/2006)

12/22/2006

15 AMENDED ANSWER to 1 Complaint to by Wal−Mart Stores, Inc.. (Attachments: # 1 Redlined Amended Answer)(jlb, Deputy Clerk) Modified on 1/5/2007 (jlb, Deputy Clerk). (Entered: 12/22/2006)

01/05/2007

16 AMENDED COMPLAINT against all defendants, filed by Glenda D. Allen. (Attachments: # 1 Exhibit Amendments to Complaint)(Marts, Christopher) (Entered: 01/05/2007)

01/05/2007

Jury Trial Demand by Glenda D. Allen. (jlb, Deputy Clerk) (Entered: 01/05/2007)

01/11/2007 17 ANSWER to Amended Complaint by Wal−Mart Stores, Inc..(Johnson, Erik) (Entered: 01/11/2007)

01/30/2007 18 Proposed MOTION for Protective Order by EEOC, Glenda D. Allen, Wal−Mart Stores, Inc.. Responses due by 2/16/2007 (Johnson, Erik) (Entered: 01/30/2007)

01/30/2007 19 ORDER granting 18 Motion for Protective Order (Judge Davis) (Entered: 01/30/2007)

02/12/2007

20 Consent MOTION for Extension of Time to Complete Discovery & Entry of Expert Disclosure Dates by EEOC. Responses due by 3/1/2007 (Attachments: # 1 Text of Proposed Order)(Salacuse, Maria) (Entered: 02/12/2007)

02/16/2007

21 NOTICE of service of motion to compel discovery by EEOC (Attachments: # 1 Motion to Compel# 2 Memorandum in Support# 3 Exhibit 1 − Defendant's Response to Request for Admission No. 17# 4 Exhibit 2 − Nationwide Consent Decree# 5 Exhibit 3 2003 Annual Report# 6 Exhibit 4 − 2004 Annual Report)(Salacuse, Maria) (Entered: 02/16/2007)

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03/05/2007 22 ORDER granting 20 Motion for Extension of Time to Complete Discovery (Judge Davis) (Entered: 03/05/2007)

03/05/2007

23 RESPONSE re 21 Notice of service of motion to compel discovery, filed by Wal−Mart Stores, Inc.. (Attachments: # 1 Exhibit 1 to Defendant's Opposition to Plaintiff EEOC's Motion to Compel# 2 Exhibit 2 to Defendant's Opposition to Plaintiff EEOC's Motion to Compel# 3 Exhibit 3 to Defendant's Opposition to Plaintiff EEOC's Motion to Compel# 4 Exhibit 4 to Defendant's Opposition to Plaintiff EEOC's Motion to Compel# 5 Exhibit 5 to Defendant's Opposition to Plaintiff EEOC's Motion to Compel)(Johnson, Erik) (Entered: 03/05/2007)

03/19/2007

24 NOTICE of service of reply to response to motion to compel discovery by EEOC re 21 NOTICE of service of motion to compel, (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Salacuse, Maria) Modified on 3/19/2007 (jlb, Deputy Clerk). (Entered: 03/19/2007)

03/21/2007

25 ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for Discovery. Signed by Judge Andre M Davis on 3/21/07 (cag, Deputy Clerk) (Entered: 03/21/2007)

05/02/2007

Telephone Conference re: discovery held on 5/2/2007 before Judge Susan K. Gauvey. (hml, Deputy Clerk) (Entered: 05/04/2007)

07/16/2007 26 ORDER re: Rate for Dr. Brown's deposition testimony. Signed by Judge Susan K. Gauvey on 7/13/07. (hml, Deputy Clerk) (Entered: 07/16/2007)

08/09/2007 27 NOTICE of Appearance by Maria Luisa Morocco on behalf of EEOC (Morocco, Maria) (Entered: 08/09/2007)

08/10/2007 28 STATUS REPORT by EEOC. (Salacuse, Maria) (Entered: 08/10/2007)

08/10/2007

29 NOTICE of service of motion to compel discovery by Glenda D. Allen (Attachments: # 1 Motion to Compel Discovery# 2 Memo in Support of Motion to Compel)(Marts, Christopher) (Entered: 08/10/2007)

08/19/2007

30 PAPERLESS ORDER re 28 Status Report, filed by EEOC DIRECTING THAT DEFENDANT'S DISPOSITIVE MOTION SHALL BE FILED FIRST (Judge Davis) (Entered: 08/19/2007)

08/24/2007

31 Joint MOTION for Extension of Time to File Dispositive Motions by EEOC, Glenda D. Allen, Wal−Mart Stores, Inc.. Responses due by 9/10/2007 (Attachments: # 1 Text of Proposed Order)(Johnson, Erik) (Entered: 08/24/2007)

08/30/2007 32 PAPERLESS ORDER granting 31 Motion for Extension of Time (Judge Davis) (Entered: 08/30/2007)

10/04/2007

33 MOTION for Summary Judgment by Wal−Mart Stores, Inc.. Responses due by 10/22/2007 (Attachments: # 1 Memorandum in Support to Motion for Summary Judgment# 2 Exhibit Notice of Filing Lengthy Exhibit)(Johnson, Erik) (Entered: 10/04/2007)

11/05/2007

34 Cross MOTION for Summary Judgment by EEOC. Responses due by 11/26/2007 (Attachments: # 1 Memorandum of Law in Support# 2 Appendix)(Salacuse, Maria) (Entered: 11/05/2007)

11/05/2007

35 NOTICE by EEOC re 34 Cross MOTION for Summary Judgment of Filing Lengthy Exhibit (Salacuse, Maria) (LENGTHY EXHIBIT REC'D 11/6/07) Modified on 11/6/2007 (hml, Deputy Clerk) (Entered: 11/05/2007)

11/05/2007

36 NOTICE by EEOC re 34 Cross MOTION for Summary Judgment, 35 Notice of Filing of Documents Under Seal (Salacuse, Maria) (SEALED MATERIAL REC'D 11/6/07) Modified on 11/6/2007 (hml, Deputy Clerk). (Entered: 11/05/2007)

11/05/2007 37 MOTION to Seal by EEOC. Responses due by 11/26/2007 (Attachments: # 1 Text of Proposed Order)(Salacuse, Maria) (Entered: 11/05/2007)

11/05/2007

38 MOTION to Strike Charles Smolkin as Defendant's Expert Witness by EEOC. Responses due by 11/26/2007 (Attachments: # 1 Memorandum of Law# 2 Exhibit PX 1, Defendant's 26(a)(2) Disclosure# 3 Exhibit PX 2, Smolkin Depo.# 4 Exhibit PX 3, Smolkin Letter# 5 Text of Proposed Order)(Salacuse, Maria) (Entered: 11/05/2007)

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11/07/2007

39 NOTICE by EEOC re 34 Cross MOTION for Summary Judgment of Omitted Attachment to Exhibit No. 46 (Attachments: # 1 Omitted Attachment to PX 46 of Plaintiffs' Memorandum in Support (Docket No. 34−2))(Salacuse, Maria) (Entered: 11/07/2007)

11/13/2007

40 NOTICE by EEOC re 34 Cross MOTION for Summary Judgment (Attachments: # 1 Affidavit Signed Declaration of Italia Lewis−Pitts)(Salacuse, Maria) (Entered: 11/13/2007)

11/26/2007

41 RESPONSE in Opposition re 38 MOTION to Strike Charles Smolkin as Defendant's Expert Witness filed by Wal−Mart Stores, Inc. Replies due by 12/10/2007. (Attachments: # 1 # 2 Exhibit 2 (3) Exhibit 3 (4) Exhibit 4 (5) Exhibit 5 (6) Exhibit 6 (7) Exhibit 7 (8) Exhibit 8 (9) Exhibit 9 (10) Exhibit 10 (11) Exhibit 11 (12) Exhibit 12 (13) Exhibit 13 (14) Exhibit 14 (15) Exhibit 15 (16) Exhibit 16 (17) Exhibit 17 (18) Exhibit 18 (19) Exhibit 19)(Johnson, Erik) Modified on 11/28/2007 (hml, Deputy Clerk). (Entered: 11/26/2007)

11/27/2007

42 MOTION to Strike Untimely and Improper Evidence Attached By Plaintiffs To Support Their Cross−Motion For Summary Judgment by Wal−Mart Stores, Inc. Responses due by 12/14/2007 (Attachments: (1) Memorandum in Support (2) Exhibit 1 (3) Exhibit 2 (4) Exhibit 3 (5) Exhibit 4 (6) Exhibit 5 (7) Exhibit 6 (8) Exhibit 7 (9) Exhibit 8 (10) Exhibit 9 (11) Exhibit 10 (12) Exhibit 11)(Johnson, Erik) (Entered: 11/27/2007)

11/27/2007

43 RESPONSE in Opposition re 34 Cross MOTION for Summary Judgment and Reply to Their Opposition to Defendant's Motion for Summary Judgment filed by Wal−Mart Stores, Inc. Replies due by 12/11/2007. (Attachments: (1) Appendix of Exhibits (2) Exhibit 32 (3) Exhibit 33 (4) Exhibit 34 (5) Exhibit 35 (6) Exhibit 36 (7) Exhibit 37 (8) Exhibit 38 (9) Exhibit 39 (10) Exhibit 40 (11) Exhibit 41 (12) Exhibit 42 (13) Exhibit 43 (14) Exhibit 44 (15) Exhibit 45 (16) Exhibit 46 (17) Exhibit 47 (18) Exhibit 48 (19) Exhibit 49 (20) Exhibit 50 (21) Exhibit 51 A (22) Exhibit 51 B)(Johnson, Erik) (Entered: 11/27/2007)

11/30/2007

44 NOTICE by Wal−Mart Stores, Inc. re 43 Response in Opposition to Motion,, Defendant's Notice of Substituted Exhibit (Attachments: # 1 Affidavit Declaration of George Tirch with signature# 2 Exhibit A to Second Declaration of George Tirch# 3 Exhibit B to Second Declaration of George Tirch# 4 Exhibit C to Second Declaration of George Tirch)(Johnson, Erik) (Entered: 11/30/2007)

12/10/2007

45 REPLY to Response to Motion re 38 MOTION to Strike Charles Smolkin as Defendant's Expert Witness filed by EEOC. (Attachments: # 1 Exhibit 4 − Field Declaration# 2 Exhibit 5 − Lawrence Declaration)(Salacuse, Maria) (Entered: 12/10/2007)

12/15/2007

47 RESPONSE in Opposition re 42 MOTION to Strike Untimely and Improper Evidence Attached By Plaintiffs To Support Their Cross−Motion For Summary Judgment filed by EEOC.Replies due by 1/2/2008. (Attachments: # 1 Appendix # 2 Exhibit 1 − Dougherty Supp. Decl.# 3 Exhibit 2− Investigative Notes# 4 Exhibit 3 − Clark Affidavit# 5 Exhibit 4 − Correspondence between counsel# 6 Exhibit 5 − Tirch Depo# 7 Exhibit 6 − Allen RPD# 8 Exhibit 7 − Walmart responses to Allen RPD# 9 Exhibit 8 − Adler Depo# 10 Exhibit 9 − Deficiency Letter# 11 Exhibit 10 − Wal−Mart post−discovery letter)(Salacuse, Maria) (Entered: 12/15/2007)

12/15/2007

48 MOTION to Strike by EEOC. Responses due by 1/2/2008 (Attachments: # 1 Memorandum in Support# 2 Exhibit EEOC first RPD# 3 Exhibit 2 − Wal−Mart RPD Responses# 4 Exhibit 3− Reassignment Policies Produced# 5 Text of Proposed Order)(Salacuse, Maria) (Entered: 12/15/2007)

12/15/2007

49 NOTICE by EEOC re 46 Reply to Response to Motion,, of Filing Document Under Seal (Salacuse, Maria) (SEALED DOCUMENT REC'D 12/17/07) Modified on 12/17/2007 (hml, Deputy Clerk). (Entered: 12/15/2007)

12/15/2007

50 NOTICE by EEOC re 47 Response in Opposition to Motion,, 46 Reply to Response to Motion,, 48 MOTION to Strike of Timely Filing (Salacuse, Maria) (Entered: 12/15/2007)

12/17/2007 51 MOTION to Seal Unredacted Reply and Exhibit 66 (Docket 36) by EEOC. Responses due by 1/3/2008 (Attachments: # 1 Text of Proposed Order)(Salacuse, Maria)

Case: 1:06-cv-2514 As of: 06/19/2018 12:22 PM EDT 6 of 7

12/20/2007 12/20/2007 01/09/2008
01/09/2008
01/17/2008 03/10/2008 03/24/2008 03/26/2008 04/02/2008 04/15/2008 04/22/2008 05/23/2008 06/06/2008

(Entered: 12/17/2007)
52 Consent MOTION for Extension of Time to file Defendant's Opposition to Plaintiffs' Motion to Strike and Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion to Strike by EEOC, Wal−Mart Stores, Inc.. Responses due by 1/7/2008 (Attachments: # 1 Text of Proposed Order)(Johnson, Erik) (Entered: 12/20/2007)
53 PAPERLESS ORDER granting 52 Motion for Extension of Time (Judge Davis) (Entered: 12/20/2007)
54 RESPONSE in Opposition re 48 MOTION to Strike filed by Wal−Mart Stores, Inc.. Replies due by 1/23/2008. (Attachments: # 1 Exhibit 1 to Defendant's Opposition to Plaintiff's Motion to Strike, # 2 Exhibit 2 to Defendant's Opposition to Plaintiff's Motion to Strike, # 3 Exhibit 3 to Defendant's Opposition to Plaintiff's Motion to Strike, # 4 Exhibit 4 to Defendant's Opposition to Plaintiff's Motion to Strike, # 5 Exhibit 5 to Defendant's Opposition to Plaintiff's Motion to Strike, # 6 Exhibit 6 to Defendant's Opposition to Plaintiff's Motion to Strike, # 7 Exhibit 7 to Defendant's Opposition to Plaintiff's Motion to Strike, # 8 Exhibit 8 to Defendant's Opposition to Plaintiff's Motion to Strike, # 9 Exhibit 9 to Defendant's Opposition to Plaintiff's Motion to Strike)(Johnson, Erik) (Entered: 01/09/2008)
55 REPLY to Response to Motion re 42 MOTION to Strike Untimely and Improper Evidence Attached By Plaintiffs To Support Their Cross−Motion For Summary Judgment filed by Wal−Mart Stores, Inc.. (Attachments: # 1 Exhibit 1 to Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion to Strike, # 2 Exhibit 2 to Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion to Strike, # 3 Exhibit 3 to Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion to Strike, # 4 Exhibit 4 to Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion to Strike, # 5 Exhibit 5 to Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion to Strike, # 6 Exhibit 6 to Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion to Strike, # 7 Exhibit 7 to Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion to Strike, # 8 Exhibit 8 to Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion to Strike)(Johnson, Erik) (Entered: 01/09/2008)
56 REPLY to Response to Motion re 48 MOTION to Strike filed by EEOC. (Attachments: # 1 Exhibit 4 − Declarations and Attachments to be Stricken, # 2 Exhibit 5− Defendant's Response to Interrogatory No. 12, # 3 Exhibit 6− Tirch and Adler Depo Excerpts, # 4 Exhibit 7 − Plaintiff−Intervenor's RPD, # 5 Exhibit 8− Plaintiff−Intervenor Deficiency Letter)(Salacuse, Maria) (Entered: 01/17/2008)
57 MEMORANDUM OPINION and ORDER denying 33 Motion for Summary Judgment; granting in part and denying in part 34 Motion for Summary Judgment AND DIRECTING PARTIES TO CONFER AND REPORT TO THE COURT ON OR BEFORE MARCH 24, 2008 (Judge Davis) (Entered: 03/10/2008)
58 STATUS REPORT Parties' Joint Status Report by Wal−Mart Stores, Inc.. (Johnson, Erik) (Entered: 03/24/2008)
59 ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for settlement. Signed by Judge Andre M Davis on 3/26/08. (jnl, Deputy Clerk) (Entered: 03/26/2008)
60 ORDER SETTING date for Settlement Conference. Signed by Magistrate Judge Susan K. Gauvey on 4/2/08. (Attachments: # 1 Mediation Letter)(hml, Deputy Clerk) (Entered: 04/02/2008)
61 LETTER ORDER RESCHEDULING the Settlement Conference. Signed by Magistrate Judge Susan K. Gauvey on 4/15/08. (egs, Deputy Clerk) (Entered: 04/15/2008)
Telephone Conference held on 4/22/2008 before Magistrate Judge Susan K. Gauvey. (hml, Deputy Clerk) (Entered: 04/23/2008)
62 LETTER ORDER regarding resolving the case. Signed by Magistrate Judge Susan K. Gauvey on 5/23/08. (slf, Deputy Clerk) (Entered: 05/23/2008)
63 SETTLEMENT AGREEMENT /CONSENT DECREE by EEOC. (Attachments: # 1 Exhibit A − Notice Posting, # 2 Exhibit B − Revised ADA Policy)(Salacuse, Maria)

Case: 1:06-cv-2514 As of: 06/19/2018 12:22 PM EDT 7 of 7

06/09/2008 05/06/2009
05/08/2009 05/13/2009

(Entered: 06/06/2008)
64 CONSENT DECREE and Approval. Signed by Judge Andre M Davis on 6/6/08. (hml, Deputy Clerk) (Entered: 06/09/2008)
65 Joint MOTION to Amend/Correct 64 Consent Decree by EEOC Responses due by 5/26/2009 (Attachments: # 1 Amended Consent Decree)(Salacuse, Maria) (Entered: 05/06/2009)
66 ORDER granting 65 Motion to Amend/Correct (Judge Davis) (Entered: 05/08/2009)
67 NOTICE of Appearance by Kevin M. Kraham on behalf of Wal−Mart Stores, Inc. (Kraham, Kevin) (Entered: 05/13/2009)

 
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Northern Division

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

10 S. Howard Street, 3rd Floor

)

Baltimore, Maryland 21201,

)

)

Plaintiff,

)

)

v.

)

)

WAL-MART STORES, INC.,

)

)

401 Constant Friendship Boulevard

)

Abington, Maryland 21009,

)

)

and

)

)

WAL-MART STORES EAST, L.P.,

)

)

401 Constant Friendship Boulevard

)

Abington, Maryland 21009,

)

)

Defendants.

)

)

__________________________________________)

Civil Action No. AMD-06-2514

AMENDED COMPLAINT AND JURY DEMAND

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I

of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

disability and to provide appropriate relief to Glenda D. Crocamo (“Ms. Crocamo”), who was

adversely affected by such practices. Since at least April, 2003, Defendants Wal-Mart Stores,

Inc. and Wal-Mart Stores East, L.P. (“Defendants”) declared their employee Glenda D. Crocamo

incapable of performing her position of Pharmacy Technician, despite her successful

performance in that position throughout her many years of employment, denied her a reasonable accommodation, and unlawfully discharged her because of her disability, in violation of the Americans With Disabilities Act of 1990.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e-5(f)(1) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The unlawful employment practices alleged herein were committed within the judicial district of this Court.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (“the Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Wal-Mart Stores, Inc. (“Defendant Wal-Mart Stores, Inc.”) has continuously been a corporation organized under the laws of the State of
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Delaware doing business within the State of Maryland, and has continuously had at least fifteen employees.
5. At all relevant times, Defendant Wal-Mart Stores, Inc. has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).
6. At all relevant times, Defendant Wal-Mart Stores, Inc. has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
7. At all relevant times, Defendant Wal-Mart Stores East, L.P. (“Defendant WalMart Stores East, L.P.”) has continuously been a corporation organized under the laws of the State of Delaware doing business within the State of Maryland, and has continuously had at least fifteen employees.
8. At all relevant times, Defendant Wal-Mart Stores East, L.P. has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).
9. At all relevant times, Defendant Wal-Mart Stores East, L.P. has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
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STATEMENT OF CLAIMS 10. More than thirty days prior to the institution of this lawsuit, Ms. Crocamo filed a charge with the Commission alleging violations of Title I of the ADA by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. Ms. Crocamo has at all times relevant been a qualified individual with a disability within the meaning of the ADA. As a result of sustaining a gunshot wound, Ms. Crocamo suffered permanent damage to her spinal cord, resulting in weakness of the lower extremities, hypertonicity (spasticity) of the lower extremities, chronic pain related to spinal nerve damage, muscle hypertonicity and abnormal gait requiring the use of a cane as an assistive device, sensory deficits which increase fall risk, and reduced range of motion of the right lower extremity. 12. Ms. Crocamo began working for Defendants as a Pharmacy Technician in July, 1993 and remained in this position throughout her employment. Ms. Crocamo was at all relevant times physically capable and willing to perform all essential functions of her position, with or without reasonable accommodation. At no time did Ms. Crocamo fail or refuse to perform any function of her job as Defendants requested. 13. At least since April 8, 2003 and continuing to the present, Defendants have engaged in unlawful conduct at its Abington, Maryland store, Store #2009, in violation of Sections 102(a), 102(b)(5)(a) and 102(b)(5)(b) of Title I of the ADA, 42 U.S.C. Section 12112(a), 12112(b)(5)(a) and 12112(b)(5)(b). The practices include declaring Ms. Crocamo incapable of performing her position with or without a reasonable accommodation, despite her
4

successful job performance throughout her employment, denying her a reasonable accommodation, and on July 18, 2003, unlawfully discharging her because of her disability.
14. As a direct and proximate result of these violations of her rights under the ADA, Ms. Crocamo has suffered damages in the form of expenses for job searches, expenses incurred due to the loss of health insurance, and other past pecuniary losses. In addition, she has suffered emotional pain, suffering, inconvenience, mental anguish, embarrassment, frustration, humiliation, and loss of enjoyment of life.
15. The unlawful employment practices complained of above were intentional. 16. The unlawful employment practices complained of herein were, and are being, done with malice or with reckless indifference to the federally protected rights of Ms. Crocamo. 17. The unlawful employment practices complained of herein have caused Ms. Crocamo to suffer economic injuries, including but not limited to lost wages, as well as nonpecuniary injuries.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Wal-Mart Stores, Inc., its
officers, successors, assigns, and all persons in active concert or participation with it, from refusing to accommodate and from illegally terminating individuals who are disabled within the meaning of the ADA, and any other employment practice which discriminates on the basis of disability. B. Grant a permanent injunction enjoining Defendant Wal-Mart Stores East, L.P., its officers, successors, assigns, and all persons in active concert or participation with
5

it, from refusing to accommodate and from illegally terminating individuals who are disabled within the meaning of the ADA, and any other employment practice which discriminates on the basis of disability. C. Order Defendant Wal-Mart Stores, Inc. to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. D. Order Defendant Wal-Mart Stores East, L.P. to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. E. Order Defendant Wal-Mart Stores, Inc. to make whole Ms. Crocamo by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. F. Order Defendant Wal-Mart Stores East, L.P. to make whole Ms. Crocamo by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
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G. Order Defendant Wal-Mart Stores, Inc. to reinstate Ms. Crocamo or to make her whole by providing her with front pay, in amounts to be determined at trial, to eradicate the effects of Defendant’s unlawful employment practices.
H. Order Defendant Wal-Mart Stores East, L.P. to reinstate Ms. Crocamo or to make her whole by providing her with front pay, in amounts to be determined at trial, to eradicate the effects of Defendant’s unlawful employment practices.
I. Order Defendant Wal-Mart Stores, Inc. to make whole Ms. Crocamo by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial.
J. Order Defendant Wal-Mart Stores East, L.P. to make whole Ms. Crocamo by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial.
K. Order Defendant Wal-Mart Stores, Inc. to make whole Ms. Crocamo by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including but not limited to emotional and mental anguish, pain and suffering, humiliation, loss of enjoyment of life, and devastation in amounts to be determined at trial.
L. Order Defendant Wal-Mart Stores East, L.P. to make whole Ms. Crocamo by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including but not limited to
7

emotional and mental anguish, pain and suffering, humiliation, loss of enjoyment of life, and devastation in amounts to be determined at trial. M. Order Defendant Wal-Mart Stores, Inc. to pay Ms. Crocamo punitive damages for its malicious and reckless conduct, as described hereinabove, in amounts to be determined at trial. N. Order Defendant Wal-Mart Stores East, L.P. to pay Ms. Crocamo punitive damages for its malicious and reckless conduct, as described hereinabove, in amounts to be determined at trial. O. Grant such further legal or equitable relief, including injunctive relief, as the Court deems necessary and proper in the public interest. P. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission hereby requests a jury trail on all questions of fact raised by its Complaint.
Respectfully submitted, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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