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Cortez V. Wal-Mart Stores: Case Study

981 Words4 Pages

Cortez v. Wal-Mart Stores The plaintiff is a 48-years old assistant store manager considered to have worked for the company for 17-years. He got denied a promotion to the store manager’s position on various occasions. Some of the younger employees he had trained got promoted instead. Wal-Mart, therefore, said that he didn’t receive the promotions as he had received performance progress coaching in the past year and the company policies didn’t allow an employee’s promotion with any effective coaching in his files (Gould IV, 2013) The Legal Issue in the case The plaintiff had alleged disparate treatment in the center of age in ADEA’s violation. Besides, the lower court already had found for the petitioner in a jury trial. It got affirmed the appeals court. The reason the court concluded that the active coaching in the file didn’t render him unqualified for the qualification or thus not able to establish the prima facie case Any employee not meeting the minimum objective qualifications for any position can’t set up prima facie evidence of unequal treatment A candidate’s qualifications subjective judgment are however not enough to defeat promotion’s requirement. Thus, the court opposed. “Indeed, as the Sam’s Club disagrees, the …show more content…

Besides, the school district, therefore, checked with the state in seeing whether she qualified having a missing hand, and found that she could be eligible for a waiver if at all her physician could answer various questions. Thus, she received the waiver and started her training, but the trainers of the bus drivers disparaged her due to her disability. Moreover, training got suspended and then started again, and her CDI examination got scheduled. On the other hand, her trainer couldn’t attend with her, and so the exam ended up not being taken, nor being rescheduled (Darden,

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