Wal-mart discrimination? Yes or no. ?
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Wal-mart discrimination? Yes or no. ?
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Scenario:
Joshua has worked for the Walmart company for three years. He has recently transferred from one store to another. At his previous store Joshua was primarily job coded as a Connection Center associate and secondaried as an Electronics associate for at least a year. At his new store Joshua has been given an Electronics job because there was a debatable position in the Connection Center and so he was forced to take a .30 cent pay cut.
He works Electronics, as well as helping make sales in Connection Center when they are short or have no one scheduled. A position opens up for the Connection Center. Joshua has inquired with different assistant managers, personnel, and even the store manager about the job, and all have agreed that Joshua is one out three associates that is fully qualified for the job. The decision is up to the co-manager, Patrick, who also has been informed about Joshua's qualification, but proceeds to tell Joshua that there are three others that qualify ahead of him.
Joshua knows that the three associates in the store that truthfully qualify for the position is: Monica, a girl who has recently transferred out of the department and has no intention on returning; Elaine, a girl who once was a department manager of Connection Center but is now an Electronics associate and is also not interested in the job; and Joshua.
The job was given to Thomas who works as a Cashier and Money Center associate, and has no training in the Connection Center.
Joshua has no write-ups, no misconduct, is hardworking, and has worked in his current department for more than six months.
Would this be considered discrimination?
Additional Details
Additional information for those who are not familiar with Wal-mart employment policy: It is company policy that the most qualified associates be interviewed first before interviewing those who are untrained or outside the store.
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cat
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Definitely. If this other cat is that under-qualified, there can be no doubt that this was a personal and discriminatory decision. The question becomes whether the decision is race or other factor based or purely personal favoritism(nepotism? is Thomas perhaps related?) and whether Joshua can make a case. |
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Hammster
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You don't mention enough about the people involved, other than their genders, based on names, to give a qualified answer. Of course, if half of the things about Wal-Mart that are surfacing now are true, discrimination would be just one of many problems. |
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vimesfan01
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How?
Where was the discrimination?
We have all failed to get jobs we wanted. It isn't discrimination. It is just bad luck. |
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Look past the smoke & mirrors!
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Discrimination must be based upon having a protected status, such as race, gender or age (being over 40) AND he would have to prove that is why he didn't get the position. |
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MathisNotMySubject
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Its a really touchy question, because it could be considered discrimination and it could not be, technically there is no proof in order for it to be discrimination |
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Surfer.
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Nope; perfectly fine. |
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MACprincess♥
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Its too early to read all that...sorry |
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Expert Realtor
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Discrimination based on what?
They wanted the other guy for the job..plain and simple.
That isn't discrimination. Unless you are going to say that Monica, Elaine, and Josh are all black and Thomas is white, then you have a case.
If they are not, then you don't. |
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tonalc2
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And what do you consider the basis for a discrimination charge? I see none. |
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jazza
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not really |
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Know it all
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It could be Discrimination if Josh Elaine and Monica are all minorities or protective class. In this story some didn't want to job so they have no case. HOWEVER this voilates a contract between an employer and employee. That said it would be covered under 42 U.S.C. 1981 Joshua would have 4 years statute of limitations. Because he lost or is out money and is a good employee on record. Also in 42 U.S.C. 1981 there is no cap so the sky is the limit on what he could get in a law suit. |
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