Federal Appeals Court in New York Orders Wal-Mart to Pay Record-Breaking Damages to Victim of Disability Discrimination

NEW YORK, July 2 /PRNewswire/ -- More than three years after a jury returned a verdict of $7.5 million in favor of Patrick S. Brady, a 21 year old former Wal-Mart employee who suffers from cerebral palsy, the United States Court of Appeals for the Second Circuit rejected Wal-Mart's appeals and confirmed that Mr. Brady is entitled to one of the largest single-plaintiff disability discrimination awards in history.

On February 23, 2005, after one day of deliberation, the jury found that Mr. Brady was unlawfully discriminated against when he was transferred by Wal-Mart and a departmental manager Yem Hung Chin from his position in the pharmacy to a position picking up garbage and collecting shopping carts in the parking lot. The jury also found that Mr. Brady was asked impermissible pre-employment questions concerning his disability, and that Wal-Mart failed to engage in the reasonable accommodation interactive process. In response to the Second Circuit's decision rejection of Wal-Mart's appeals, Mr. Brady spoke enthusiastically about how he is "very proud to be an American. Even if it takes a long time, our legal system helps people like me stand up against big companies like Wal-Mart."

Douglas H. Wigdor, a partner at Thompson Wigdor & Gilly LLP and lead counsel for Mr. Brady hailed the Second Circuit's determination that the jury awards of compensatory and punitive damages -- which had been reduced by the trial court -- were "well reasoned and thoughtful. The jury recognized from the evidence that we presented that Wal-Mart and Ms. Chin acted unlawfully and that Mr. Brady suffered severe emotional distress because of their actions. Although Wal-Mart fought this to the bitter end, the Second Circuit Court of Appeals has finally held Wal-Mart accountable for its discriminatory practices and vindicated Mr. Brady's long struggle to stand up for his federally protected human rights as a person with disabilities."

About Thompson Wigdor & Gilly: Thompson Wigdor & Gilly LLP http://twglaw.com/ is a law firm specializing in high profile, complex litigation and investigations as well as civil and criminal trials. They can be reached at 212.239.9292 or info@twglaw.com.

  CONTACT:
  Douglas H. Wigdor
  (212) 239-9292

CONTACT: Douglas H. Wigdor, +1-212-239-9292

Web site: http://twglaw.com/

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