061583P.pdf   02/13/2007  EEOC  v.  Wal-Mart Stores
   U.S. Court of Appeals Case No:  06-1583
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Riley and Hansen, Circuit Judges]
   Civil case - Employment discrimination. District court erred in
   granting Wal-Mart's motion for summary judgment on the EEOC's claims
   that Wal-Mart violated the Americans with Disabilities Act when it
   refused to hire an applicant with cerebral palsy for greeter or
   cashier positions; EEOC made a prima facie case of discrimination by
   presenting sufficient evidence that the applicant was qualified for
   the positions and by making a facial showing that reasonable
   accommodation would enable him to perform the essential functions of
   both jobs; EEOC also satisfied its burden of showing that the reasons
   Wal-Mart offered for the hiring decision did not actually motivate its
   decision and were, instead, post-hoc rationalizations; employer bears
   the burden of proving that an applicant's condition posed a direct
   threat to the health or safety of other individuals in the work place;
   here, Wal-Mart failed to prove that the applicant, using
   a wheelchair or other reasonable accommodation, would have posed a
   direct threat to the safety of himself of others.