Gardner v. Wal-Mart Stores, Inc., No. 20-1831 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment in favor of Walmart in an action brought by plaintiff, alleging age discrimination under the Iowa Civil Rights Act (ICRA). The court assumed that plaintiff met his prima facie burden under the McDonnell Douglas standard, but concluded that Walmart offered a legitimate, non-discriminatory reason for terminating his employment, the violation of the Hazardous Materials Endorsement policy while on a Third Written (a policy meaning he could be fired if disciplined again). The court also concluded that plaintiff's evidence was insufficient to allow a reasonable juror to find that Walmart's proffered reason for firing him was pretextual.
Court Description: [Benton, Author, with Gruender and Shepherd, Circuit Judges] Civil case - Employment discrimination. Assuming plaintiff met his burden of establishing a case of age discrimination under the Iowa Civil Rights Act, the employer established a legitimate, non-discriminatory basis for discharge (violation of company policy on hazardous materials handling), which plaintiff failed to show was pretext for age discrimination. [ June 21, 2021 ]
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