Bloomberg Law
Jan. 23, 2023, 2:35 PM

Justices Skip Black Walmart Pharmacist’s Bias, Retaliation Case

Patrick Dorrian
Patrick Dorrian

The US Supreme Court on Monday declined to review a pharmacist’s contentions that lower courts mishandled his lawsuit alleging Wal-Mart Stores Texas LLC allowed colleagues to harass him because he is Black and from West Africa and retaliated against him for complaining.

According to Yves Wantou, the trial judge in the 2017 case used the wrong legal test in dismissing Wantou’s harassment claim prior to trial. The judge also improperly failed to instruct the jury that he could prove retaliation by way of the “cat’s paw” theory of liability, under which the retaliatory motive of another employee can be imputed ...

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