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E.E.O.C. v. WAL-MART STORES, INC.

Nos. 98-2015, 98-2030.

187 F.3d 1241 (1999)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. WAL-MART STORES, INC., Defendant-Appellant. Eduardo Amaro, Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

August 23, 1999.

Attorney(s) appearing for the Case

Mark Jarmie (Ned S. Fuller with him on the briefs), Sharp, Jarmie & Scholl, P.A., Albuquerque, New Mexico, for the Appellant.

Lisa J. Banks (C. Gregory Stewart, General Counsel, Philip B. Sklover, Associate General Counsel and Lorraine C. Davis, Assistant General Counsel with her on the brief), Equal Employment Opportunity Commission, Washington, D.C., for the Appellee.

Brad Hall, Gaddy & Hall, Albuquerque, New Mexico, for the Intervenor-Appellee.

Before PORFILIO, MAGILL and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

In this appeal, we consider, in light of recent Supreme Court precedent, the evidentiary 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 Amaro, with the knowledge that he...

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