The plaintiff was a 48 year old assistant store manager who had worked for the company for 17 years. He was denied promotion to a store manager position on several occasions. Younger employees, some of whom he had trained, were promoted instead. Wal-Mart said that he did not receive the promotions in question because he had received performance improvement coaching within the past year and company policy did not allow the promotion of an employee with an active coaching in his file.

1. What was the legal issue in this case? What did the court decide?

2. Why does the court conclude that the active “coaching” in his file did not render him unqualified for promotion and thus unable to establish a prima facie case?

3. What was the evidence that he was discriminated against?

4. How should employers address performance problems? Is it legitimate to limit the employment opportunities available to employees who have been placed on performance improvement programs?