Eye Rolls Aren't Harassment, 8th Circ. Says In Wal-Mart Win

Law360, New York (March 31, 2016, 6:55 PM EDT) -- The Eighth Circuit on Thursday shot down a Wal-Mart employee’s suit alleging she was discriminated against after she requested accommodations for her disability, finding that a new position assignment and eye rolls from management weren’t enough to support her claims.

In a published decision, the three-judge panel upheld an Iowa federal judge’s ruling granting summary judgment to Wal-Mart on all claims in Kathy Kelleher’s suit alleging the retail giant failed to accommodate her multiple sclerosis disability when it transferred her from a stock to cashier position, finding that she couldn’t prove she was unable to do her new job. The panel...

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