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Tag Archives: Employment Discrimination

Walmart employee’s deposition dooms bias claim

Where a former Walmart employee alleged she was not promoted to “assistant manager” because of her gender, but admitted at her deposition that she was not qualified for the promotion, Walmart prevailed on the claim. Background Denise Horton, a former ...

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Court strikes ‘placeholder’ opposition brief

Where the plaintiff obtained an extension to respond to the motion for summary judgment, but then filed a “placeholder” brief that was largely a verbatim copy of an opposition brief filed in another case before filing a “corrected” brief three ...

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Man terminated for inability to perform, not bias

Where a maintenance worker admitted that his job required frequently lifting light objects, and occasionally lifting heavy objects, and he could no longer perform those essential functions, his employment was ended for a legitimate business reason. Background Terry Harris, who ...

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Man can’t show termination related to protected activity

Where there was a one year gap between a store manager’s alleged protected activity and his termination, a few instances of the silent treatment and a single reprimand were insufficient to show his termination was causally connected to his protected ...

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Filing deadline not tolled by dismissal of suit

Where a former bank employee asserted discrimination claims within 90 days from the date she received a right-to-sue notice, but her suit was dismissed without prejudice for failure to prosecute, the dismissal didn’t toll the 90-day statute of limitations. As ...

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Firing result of alleged sexual conduct, not bias

Where a female supervisor alleged her termination, following an investigation of alleged inappropriate sexual conduct in a supply closet, was sex discrimination, but the male store manager who was in the supply closet was also terminated, the store prevailed on ...

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