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The New York Times reported that American Marlo Spath would receive financial compensation of $ 125 million, in the context of an unfair dismissal.
Marlowe, who has Down syndrome, works at Walmart, folding towels, cleaning aisles, greeting customers and handling returns.
“During her 15 years of service, she received several salary increases and received positive performance reviews,” her lawyer said.
A manager also praised her performance, saying she “has been great with customers.”
While another described her as a very nice person, expressing happiness in working with her.
Her working hours changed abruptly in November 2014, when the company she works for created a computerized planning system, which the company says is based on customer traffic and is designed to ensure that enough people are working. when the store is most crowded.
Whereas Marlowe was scheduled to work from 1 p.m. to 5:30 p.m., instead of her previous schedule of noon to 4 p.m.
But the sudden change made it difficult for Marlowe, whose attorney claimed she had Down’s syndrome and a routine diet, so she repeatedly tried to get back to her old schedule.
According to court records, Amy Jo Stevenson, Marlowe’s sister and guardian, told the company director that she was afraid of missing the bus, and that she was afraid of missing dinner, which was very annoying. for her, adding, “She may have a fever too, and she says she feels sick and can’t take it, so we desperately need to get her old work schedule back.”
The company responded and took “disciplinary action” against Marlowe on two occasions for absenteeism and delay in the store, which was open 24 hours a day and employed more than 300 employees.
Over time, the company fired Marlowe on July 10, 2015 for what she described as excessive absenteeism.
Subsequently, Marlowe, her mother and sister met with company officials and asked to rehire her and allow her to return to the old work schedule, but the company refused to rehire her even though her termination letter said she could be hired again, according to her attorney.
Then Marlowe sued the company.
Following the lawsuit, a jury in the US District Court for the Eastern District of Wisconsin ruled that the company had violated the Americans with Disabilities Act, which prohibits discrimination on the basis of employee disability, and awarded Marlowe 125 million dollars in punitive damages and $ 150,000 in damages and loss.
While the company said the judgment would be reduced to $ 300,000, the maximum allowed under federal compensation law.
Source: “The New York Times”
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