Employer seems poised to lose demotion over failure to document

Sometimes you come across a case with multiple key lessons, and the U.S. 10th Circuit Court of Appeal’s recent oral argument session in the case of Sharpe-Miller v. Walmart, Inc., has proved to be such a treasure trove. (For a discussion of the 10th Circuit’s pointed questions and expressions of doubt to Walmart’s counsel concerning the harassment claims against it, see “Appeals court unimpressed by argument that incidents not severe, pervasive.” )

But wait, there’s more! The employee in the case had also filed a discriminatory demotion claim, and the district court’s dismissal of that claim was also up on appeal. And on that count, the 10th Circuit (which hears appeals of federal district court decisions from Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming) had serious questions about whether Walmart had satisfied even its minimal burden to articulate a legitimate, nondiscriminatory reason for the termination. Again, although the 10th Circuit’s rulings don’t directly apply to Alabama (or other states in the Southeast), the case still has important lessons, so take note.

What’s your evidence?