United States Eighth Circuit

In an action brought by the EEOC against Wal-Mart alleging that it violated the Americans with Disabilities Act (ADA) when it refused to hire an applicant with cerebral palsy for greeter or cashier positions, summary judgment for Wal-Mart is reversed where: 1) the EEOC sufficiently established a prima facie case of discrimination; 2) it provided sufficient evidence that Wal-Mart's stated reasons for not hiring applicant were pretextual; and 3) Wal-Mart failed to prove that applicant, using a wheelchair or other reasonable accommodation, would pose a direct threat to the safety of himself or others.

Appellate Information

• Decided 02/13/2007
• Published 02/13/2007

Judges

• SMITH, Circuit Judge., Before RILEY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Barbara L. Sloan, argued, EEOC, Washington, D.C., for appellant.


• For Appellees:
  
• Denise M. Anderson, argued, Kansas City, MO, for appellee.