Walmart Must Rehire Worker With Down Syndrome, Judge Says (1)

Walmart Stores East LP must reinstate into her prior position a worker with Down syndrome who a jury found was wrongly fired for attendance problems following a change in her schedule, a Wisconsin federal judge ruled.

Giving Marlo Spaeth her old job back was proper after the Equal Employment Opportunity Commission proved that the denial of Spaeth’s request for a permanent modified fixed schedule following Walmart’s move to a new scheduling system violated the Americans with Disabilities Act, the U.S. District Court for the Eastern District of Wisconsin said.

Reinstatement is preferred to front pay as an equitable remedy under ...