Supervisor’s retaliatory motive nearly tanks employee’s firing after fourth strike

A former Walmart employee who was fired for her inappropriate handling of a suspected shoplifter—her fourth disciplinary action—cannot continue with her retaliation claim under Title VII of the Civil Rights Act of 1964 despite her supervisor’s retaliatory motive. She argued the supervisor harbored a retaliatory motive against her because of sexual harassment complaints she made against him less than two months earlier. The U.S. 5th Circuit Court of Appeals (which covers Louisiana) found that, although the supervisor played a role in the investigation, the employee didn’t present evidence the investigator relied on the supervisor’s statements when making the termination decision. Of note for employers is the court’s warning that the outcome would have been very different for Walmart had the supervisor inappropriately influenced the investigation.

Employment and disciplinary history

In 2014, Lashawnda Brown began working as an assistant manager for a Walmart Neighborhood Market. Before July 2016, when she began reporting to store manager Aurelio Quinn, she had received three levels of coachings under the company's employee disciplinary policy: one for attendance and two for referencing associates using derogatory language.

The most recent violation occurred a month before Quinn became Brown's supervisor. Under Walmart’s disciplinary policy, any further infractions occurring during the next 12 months would subject her to termination.

Sexual harassment complaints