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Employment Law II: Discrimination

Rodriguez managed a Wal-Mart store at Fajardo, Puerto Rico. Following an evaluation, his performance was considered unsatisfactory, and he was demoted to assistant manager at another store. Rodriguez filed suit claiming race and national origin discrimination. Rodriguez pointed to two favorable previous performance evaluations and he argued that he was evaluated in a different manner than non-Puerto Rican mangers; Rodriguez was evaluated with the use of an opinion survey given to all his subordinates. Rodriguez claimed that non-Puerto Rican managers at other stores were not subject to opinion surveys. Assuming that claim is true, would Rodriguez be able to prevail on a disparate treatment cause of action? The case is Rodriguez-Cuervos v.Wal-mart stores, 181 F.3d 15 (1st Cir.1999).

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This is directly from the case:

"Rodríguez next contends that he was subjected to disparate treatment by Wal-Mart to the extent that he was held accountable for the results of an opinion survey, while no other non-Puerto Rican managers were subject to such an evaluation procedure. Rodríguez has presented no ...