Legal Opinion

Equal Employment Opportunity Commission v. Wal-Mart Stores, Inc.

Court of Appeals for the Tenth Circuit

Decided August 23, 1999No. 98-2015, 98-2030PublishedCited by 95 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

In this appeal, we consider, in light of recent Supreme Court precedent, the evi-dentiary showing required to recover punitive damages under a vicarious liability theory against an employer accused of violating the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. We exercise jurisdiction under 28 U.S.C. § 1291, and affirm.

I

In 1991, Wal-Mart hired Eduardo Ama-ro, with the knowledge that he was hearing-impaired and would need an interpreter in certain circumstances, including training sessions and meetings. On January 19, 1993, Amaro left a mandatory…

2Cases cited18 opinions

  1. Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
  2. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  3. Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
  4. Kolstad v. American Dental Assn.Supreme Court of the United States · 1999
  5. Diana L. Mason, Individually and as Administrator of the Estate of Otis W. Mason, Deceased v. Texaco, Inc.Court of Appeals for the Tenth Circuit · 1991

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3Cited by95 opinions

  1. Alexander v. Fulton CountyCourt of Appeals for the Eleventh Circuit · 2000
  2. Karen Romano v. U-Haul International, U-Haul Company of Maine, Inc.Court of Appeals for the First Circuit · 2000
  3. Nicholas Keith v. County of OaklandCourt of Appeals for the Sixth Circuit · 2013
  4. Kerry D. Ogden v. Wax Works, Inc.Court of Appeals for the Eighth Circuit · 2000
  5. Donald Phillips v. Shastine Tangilag, M.D.Court of Appeals for the Sixth Circuit · 2021

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