Richardson v. Wal-Mart Stores, Inc., No. 15-1142 (6th Cir. 2016)
Annotate this CaseRichardson, then age 50, began working at Wal-Mart in 2000. Richardson’s evaluations were generally positive. Wal-Mart’s first three levels of employee discipline are “written coachings,” the fourth is termination. The second and third levels require a plan of action and electronic acknowledgement of the coaching. Richardson’s first coaching, in 2011, involved her attempt to influence the exchange of her daughter’s computer. Her second coaching involved failure to package properly a hazardous-material item. Richardson drafted an action plan. Richardson's third coaching, in August 2012, involved violating Wal-Mart’s attendance policy, with four unscheduled absences in six months. Richardson drafted another action plan. Richardson claimed a medical excuse, but did not provide documentation. Richardson claims that in late 2012, she perceived that she was mistreated by management, based on her age. In March 2013, Richardson was stacking merchandise when she fell and broke her wrist. Store manager Darby reviewed a surveillance video and concluded that Richardson had created a safety hazard through her placement of equipment. Other managers reached a similar conclusion. Darby concluded that the coaching for unsafe work practices would result in termination. The Sixth Circuit affirmed summary judgment in favor of Wal-Mart, rejecting claims of age discrimination under Michigan’s Elliot-Larsen Civil Rights Act. Richardson lacked direct evidence that her termination was based on her age and failed to establish that Wal-Mart’s stated nondiscriminatory reason for her discharge was pretextual.
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