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Unformatted text preview: o terminate his employment, there is no triable issue of fact as to the
element of causation.
 Moreover, even if a prima facie case of retaliation could be established by showing
causation, Walsh has not presented evidence to demonstrate that Wal-Mart's stated reason
for terminating his employment was pretextual. According to Wal-Mart's sexual
harassment policy, the complaints against Walsh were sufficient to justify immediate
termination. Walsh's prior progression through Wal-Mart's disciplinary steps also
indicates that an additional infraction, even less serious than sexual harassment, would
have been enough to justify his termination. Although Walsh suggests that these reasons
were also based on pretextual grounds, his evidence fails to support such an assertion.
Accordingly, we will affirm the grant of summary judgment in favor of Wal-Mart.
FN* Honorable Jane A. Restani, Chief Judge of the United States Court of International
Trade, sitting by designation.
FN1. Although neither party has been able to locate this letter, Wal-Mart has not
contested its existence for the purposes of summary judgment. 273 FN2. For the purposes of summary judgment, Wal-Mart conceded that the first two
elements of the test have been met. See Appellee's Brief at n. 2.
Walsh v. Wal Mart Stores, Inc.
Slip Copy, 2006 WL 2805630 (3rd Cir.(Pa.)), 99 Fair Empl.Prac.Cas. (BNA) 105, 18
A.D. Cases 1109
Briefs and Other Related Documents (Back to top)
• 05-3584 (Docket) (Aug. 2, 2005)
END OF DOCUMENT 274 Case # 29 Blizzard v. Appliance Direct
16 So.3d 922, 107 Fair Empl.Prac.Cas. (BNA) 197, 34 Fla. L. Weekly D1604
District Court of Appeal of Florida,
Neina BLIZZARD, Appellant,
APPLIANCE DIRECT, INC., Appellee.
Aug. 7, 2009.
Background: Female employee, who was allegedly fired, brought suit against employer
for sexual harassment and hostile workplace environment, and for retaliation. The Circuit
Court, Brevard County, Bruce Jacobus, J., granted employer directed verdict. Employee
Holdings: The District Court of Appeal, Monaco, C.J., held that:
(1) directed verdict...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08