Wednesday, October 26, 2005


For those who have a claim against Wal-Mart for violating the Americans with Disabilities Act or the Age Discrimination in Employment Act -- Manna done come down from Heaven:

An internal memo sent to Wal-Mart's board of directors proposes numerous ways to hold down spending on health care and other benefits while seeking to minimize damage to the retailer's reputation. Among the recommendations are hiring more part-time workers and discouraging unhealthy people from working at Wal-Mart.

In the memorandum, M. Susan Chambers, Wal-Mart's executive vice president for benefits, also recommends reducing 401(k) contributions and wooing younger, and presumably healthier, workers by offering education benefits. The memo voices concern that workers with seven years' seniority earn more than workers with one year's seniority, but are no more productive.

To discourage unhealthy job applicants, Ms. Chambers suggests that Wal-Mart arrange for "all jobs to include some physical activity (e.g., all cashiers do some cart-gathering)."

Now, you'll still have to prove your underlying claim (and that's tricky, especially for those claiming disability) but if you can, your path to punishing damages -- establishing wilfullness, has now been cleared for you. This could end up costing Wal-Mart big time.

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