Eighth Circuit Rules for EEOC in ADA Case

Yesterday, the Eighth Circuit issued its opinion in EEOC v. Wal-Mart Stores. The case involves Wal-Mart's refusal to hire an individual with cerebral palsy for cashier or greeter positions. The district court granted summary judgment to the employer, on the ground that the EEOC had failed to present evidence that would establish that the applicant was "qualified" for the positions he sought. The Eighth Circuit reversed; it found that the EEOC had presented sufficient evidence to overcome summary judgment on the question. Importantly, the court also held that the employer has the burden of establishing "direct threat" as a defense.