WalmartIn a case involving the termination of an employee with Down syndrome who had been working for Walmart since long, is asking for a fresh trial. Walmart fired Marlo Spaeth in error, according to a July jury. She was awarded monetary damages.

Walmart claimed that it didn’t know of Spaeth’s disability or her inability to adjust to a change in work hours, according to a court filing late Tuesday. Spaeth worked as an associate in a retail store. at a Walmart SuperCenter in Wisconsin for nearly 16 years.

In addition, Walmart claims that the U.S. Spaeth was represented by Equal Employment Opportunity Commission. They did not prove that Walmart discriminated against Spaeth “with malice, or reckless indifference. [her]Federally protected rights. Spaeth was ordered to pay damages. The company wants the case to be overturned and the process to start again.

Walmart and the EEOC didn’t immediately reply to our request for comment.

Walmart and the EEOC have been fighting for years over the lawsuit against disability discrimination. The new request for a trial continues the long-running battle. Walmart is the nation’s largest private employer. lost the disability lawsuitLast year the EEOC was beaten. Spaeth’s case was taken up by the federal government.

The judge and jury found Walmart in violation of the Americans with Disabilities Act. Spaeth was fired by Walmart rather than making adjustments to her schedule that would be a reasonable accommodation for her disability. Spaeth was able to change her schedule when Walmart began using computerized scheduling systems.

Spaeth and Amy Jo Stevenson’s sister repeatedly asked Walmart supervisors for a restoration of her schedule. Walmart, however, refused to do so, according the lawsuit. Spaeth quit Walmart in the early hours of her departure and was later fired because she had been absent too much.

The company was ordered by a federal jury in July to pay more than $125 million in damages in the lawsuit — one of the highest in the federal agency’s history for a single victim. These damages were reduced down to $300,000. This is the federal maximum permissible.

In late February, a federal judge ordered Walmart to rehire SpaethYou can give her back up to $50,000 

Stevenson said last week to CNBC that Stevenson’s sister will soon be returning to work at Walmart. According to Stevenson, the two were working together on Spaeth’s starting date.

For her sister, Stevenson said the decision was easy – even though she was fired by Walmart and had not worked at the store since 2015. According to her, her sister missed Walmart customers and was excited to get her Walmart vest back.

Stevenson stated at that time, “She’s going walk in there proudly like a bird.” That’s her identity. Walmart associate she is. It will be a great feeling to see her again as a Walmart associate.

Stevenson was contacted Wednesday by CNBC about Walmart’s filing. It was not something she would comment upon.

The story is still in development. Stay tuned for new updates.