Marlo Spaeth had successfully worked at a Walmart in Manitowoc, Wisconsin, for nearly 16 years.

 

he had Down syndrome, received satisfactory performance reviews, and earned multiple raises during her employment.

Then Walmart introduced a computerized scheduling system that changed her long-standing noon-to-4 p.m. shift.

Spaeth and her guardian repeatedly asked Walmart to restore the schedule she had already worked successfully for years. They explained that the change was creating serious difficulties connected to her disability.

Walmart refused.

When Spaeth struggled to comply with the new hours, the company fired her for attendance violations.

The U.S. Equal Employment Opportunity Commission sued Walmart under the Americans with Disabilities Act. After a four-day trial, the jury deliberated for about three hours and found that Walmart had discriminated against Spaeth.

The jury awarded her $150,000 in compensatory damages and $125 million in punitive damages.

That headline number was not the final payout. Federal law capped the damages at $300,000. The court separately awarded back pay, interest, and compensation for tax consequences, and ordered Walmart to reinstate her.

In 2024, a federal appeals court upheld the findings that Walmart violated the law and that punitive damages were justified.

The most striking part is not the enormous jury verdict.

It is that the requested accommodation was a schedule Marlo had already worked successfully for almost 16 years.

Sources: U.S. Equal Employment Opportunity Commission, U.S. District Court for the Eastern District of Wisconsin, and U.S. Court of Appeals for the Seventh Circuit.

Should an employer ever be allowed to deny a disability accommodation that had already worked successfully for years?