A disability lawsuit against Wal-Mart in North Windham still stands after the legality of the suit was called into question by the retail corporation.

Maine Supreme Court decided last week that the risk of heart failure constitutes a legal disability for former employee Stanley Whitney, of Gorham, under the Maine Human Rights Act.

Federal judges had asked the Maine Supreme Court to interpret the Maine Human Rights Act, which is more generous in its assessment of disability than the Americans with Disability Act.

According to the Disability Act, the plaintiff must show sign of impairment to “major life activity.” The Maine Supreme Court’s narrow decision, 4 to 3 in favor, rules that Whitney does not need to show impairment of “major life activity,” only that he had heart disease at the time of his demotion.

While working 65 hours a week as a manager at the North Windham store, Whitney, 69, discovered he had serious heart disease and, at his doctor’s request, asked his employer to reduce his workload to 45 hours a week.

Wal-Mart refused and had Whitney relocated to a Biddeford store as an “inventory specialist” – an hourly wage position.

Whitney later filed suit to regain employment as a manager and to receive “back pay” for loss of income.

Wal-Mart defends that the corporation accommodated Whitney’s disability and paid his salary while waiting to relocate him to Biddeford. But accommodating an employee with a disability does not guarantee the same position or salary, says Wal-Mart spokesperson John Simley.

“If you’re going to be a manager, it’s typically 55 to 75 hours,” Simley said. “There are huge rewards, but there’s also a huge time demand.”

In 2001, Whitney came to Maine after working for Wal-Mart in Florida for three years. He was hired by the North Windham store as a tire and lube manager when he noticed that his heart “wasn’t humming right.”

He went to the doctor who, noticing significant heart disease, told him not to go back to work until he saw a cardiologist.

Previous to this, he claims he rarely missed a day of work.

While working inventory at the Biddeford Wal-Mart, Whitney injured his knee pushing a 2,000-pound palette of salt, but it took him two years to get Wal-Mart to pay worker’s compensation for the injury.

Since then, he has had recurrent heart problems for which he left a position in Scarborough. He describes the past five years as an “emotional roller coaster.”

“I’m extremely pleased by the decision of the (Maine) Supreme Court,” Whitney said. “And certainly there are victims out there of poor decisions.”

Wal-Mart has filed a federal appeal to dismiss the claim and federal judges have yet to make their decision.

If the case goes to trial, federal judges must decide whether or not Wal-Mart properly accommodated Whitney and his heart condition.

Stanley Whitney, 65, of Gorham, is suing former employer Wal-Mart for disability discrimination. While working as a manager at the North Windham store, Whitney discovered he had heart disease, but Wal-Mart refused to keep him employed as a manager with reduced hours. The case is now in federal court.

Copy the Story Link