Fifth Circuit Affirms Dismissal of Retaliation and Discrimination Claims Against Wal-Mart

Rodriquez, a Hispanic female over the age of forty, worked at Sam’s Club for over twenty years before she was terminated. Rodriquez was terminated for two separate violations of company policies. The first violation involved Rodriquez reducing the price of an item she was purchasing. The second violation involved Rodriquez posting a comment on Facebook that violated the company’s Social Media Policy. After Rodriquez was terminated, a thirty-nine year old Caucasian woman replaced her. Rodriquez filed a lawsuit alleging retaliation for making internal complaints and discrimination on the basis of age and national origin. The district court granted Sam’s Club’s motion for summary judgment and dismissed the lawsuit. The Fifth Circuit affirmed, concluding that Rodriquez failed to show that her employer’s legitimate, nondiscriminatory reason for termination was merely a pretext. The Court also determined that Rodriquez’s internal complaints did not constitute a protected activity and she failed to establish a causal link between the internal complaints and her termination.

Rodriquez v. Wal-Mart Stores, Inc., No. 13-10154 (5th Cir. Sept. 19, 2013).

Rodriquez v Wal-Mart.pdf