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Brady v. Wal-Mart Stores, Inc.

Employer had duty to accommodate employee's disability if disability was obvious, meaning that employer knew or reasonably should have known that employee was disabled (considering, as matter of first impression, circumstances under which general rule, that employee has responsibility to inform employer that accommodation is needed, does not apply).

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Argued: February 20, 2008

Before: KEARSE, CALABRESI, and KATZMANN, Circuit Judges.

Plaintiff-Appellee Patrick S. Brady filed suit in the United States District Court for the Eastern District of New York (Orenstein, M.J.) against his former employer, Wal-Mart Stores, Inc., and his former boss, Yem Hung Chin (collectively, “Appellants”), alleging violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and New York Human Rights Law, N.Y. Exec. Law § 290 et seq. The jury returned a mixed verdict, finding for Appellee on some claims and Appellants on others, and awarding Appellee compensatory, economic, punitive, and nominal damages. The district court struck the economic damages award, reduced the punitive damages award to the statutory cap, and ordered that a new trial be held if Appellee did not accept a remittitur of the compensatory damages award, Brady v. Wal-Mart Stores, Inc., 455 F. Supp. 2d 157, 218 (E.D.N.Y. 2006), which he did.

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