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Unformatted text preview: . WAL-MART STORES, INC
United States Court of Appeals,
Edward L. WALSH, Appellant
WAL MART STORES INC.
Submitted Under Third Circuit LAR 34.1(a) Sept. 29, 2006.
Filed Oct. 2, 2006.
Background: Terminated employee sued employer under Americans with Disabilities Act
(ADA) and Age Discrimination in Employment Act (ADEA) for retaliation. The United
States District Court for the Western District of Pennsylvania, Maurice B. Cohill, J.,
entered summary judgment for employer. Employee appealed.
Holdings: The Court of Appeals, Restani, J., held that:
(1) employee's termination was not causally linked to letter he wrote to employee's
corporate headquarters alleging discrimination, and
(2) employer's proffered reasons for terminating employee were not pretextual.
Store employee's termination was not causally linked to letter he wrote to employee's
corporate headquarters alleging discrimination, and termination thus did not constitute
retaliation under ADA or ADEA, where such events were separated by eight months, and
there was no indication that reprimands and aggressive monitoring of employee arose in
response to letter, or that manager who made termination decision knew of letter. Age
Discrimination in Employment Act of 1967, 2 et seq., 29 U.S.C.A. § 621 et seq.;
Americans with Disabilities Act, § 2 et seq., 42 U.S.C.A. § 12101 et seq.
Employer's proffered reasons for terminating employee, namely sexual harassment
complaints against employee, was not pretext for retaliation in violation of ADA or
ADEA, where complaints were sufficient to justify immediate termination under
employer's sexual harassment policy, and employee's prior progression through
employer's disciplinary steps indicated that infraction even less serious than sexual
harassment would have been enough to justify termination. Age Discrimination in
Employment Act of 1967, 2 et seq., 29 U.S.C.A. § 621 et seq.; Americans with
Disabilities Act, § 2 et seq., 42 U.S.C.A. § 1...
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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