Reference no: EM131271305

Patrick Brady, 19, who has cerebral palsy, had worked for two years as a pharmacy assistant at a local pharmacy. He had no incidents at work there and was given a good recommendation from his employer. He then applied at Wal-Mart for a pharmacy aide position and went right to work in the Wal-Mart pharmacy. After a few days as a pharmacy aide, he was transferred to the job of collecting shopping carts and garbage in the parking lot. His supervisor, Ms. Yem Hung Chin, said Brady was “absolutely awful,” and she “wanted [him] away from [her] prescriptions.” Although Wal–Mart had an institutional “coaching policy,” she never approached Brady about participating in it, because “I really didn't think it kind of applied. I didn't know how to teach him to find names better….” Brady testified that he never handed out the wrong prescription, was never unable to find a prescription in the bin, and never required assistance from Ms. Chin or any other coworker to perform his job.

Brady was never given the 90-day probationary period given to other employees, nor was he given any training. When he met with the store manager about his parking lot job, he was transferred to the bakery with no training and no uniform. When he asked to return to the pharmacy, he was given a work schedule that conflicted with his community college class schedule, something he had noted on his application for employment in describing his availability. Frustrated, Brady quit and filed suit. Explain his rights under the Americans with Disabilities Act. Discuss Ms. Chin’s statements and anything else Wal-Mart did that might be used as proof of discrimination. [Brady v Wal–Mart Stores, Inc., 531 F.3d 127 (2nd Cir. 2008)]