Case Study for Canady vs Walmart Essay

1. In your ain words. what does pretext intend?

Pretext is a ground given in justification of a class of action that is non the existent ground.

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2. Write a paragraph that supports the statement that Canady’s dismissal was based on racial favoritism.

Canady’s would state that his dismissal was based on racial favoritism because Smith a director introduced himself as a slave driver. Following Smith. inquire Canady “What’s up. my nigger? ” and was besides referred to as a “lawn jockey” . He besides claimed that Smith made provinces that all African American expression likewise. and that his tegument colour wiped off on towels. Since Canady did non describe these remarks when Smith made them ; Smith continued to utilize the stage from the Rush Hour film. He could besides believe that the twenty-four hours we was left in the section by himself that direction was know aparting against him because he was left to make all the work with no aid.

3. Write a paragraph that supports that statement that Wal-Mart’s determination was based on Canady’s insubordination.

Wal-Mart’s determination was based on insubordination for one Canady was eating in an country where there are policies in topographic point that prohibits easting in the nutrient readying country. When asked to halt feeding in the forbidden country Canady started an statement with direction. After the shop director was called to assist with the state of affairs Canady continued argue aloud in forepart of clients and other associates. Candy did non follow the policy that does non let employees to eat in the nutrient readying country and he was reasoning with direction in forepart of other was insubordination.

4. Research the instance. How did the tribunal regulation? Why did they govern in this mode?

The unlawful expiration claim. that claim fails to do out a Prima facie instance in that Canady failed to set up the 4th prong ( i. e. that there are facts that permit an illation of favoritism ) . Alternatively. even if Canady made out a Prima facie instance. he failed to show sufficient grounds of stalking-horse. The fact that Smith made racially violative comments is of no effect because those comments were made outside of the determination devising procedure. The opinion on the hostile work environment claim. the Court found that Smith’s remarks are non sufficiently violative to the actionable. The Circuit Judge Lay dissents.


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