Have you heard the saying “the house always wins?” In the case of lawsuits against Walmart stores, the law does, in fact, fall Walmart’s way quite often. In a September 9th, 2016 Bloomberg article by Jay-Anne B. Casuga, the author reports of a Walmart’s legal victory in an age-bias lawsuit. Walmart’s defense? Honest Belief.

The full article can be found here: http://www.bna.com/walmart-wins-age-n57982076815/

In Richardson v. Wal-Mart Stores, Inc., (6th Cir. No. 15-1142 9/9/16) the court ruled that a the manager of Walmart‘s store was within the confines of the law due to the Plaintiff’s disciplinary history as Walmart’s employee.

The author stated that the Plaintiff did not offer any evidence to refute the store manager’s honest belief. The “honest belief” doctrine has been challenged recently according to the author.

The article quotes Timothy McCarthy, a plaintiff’s attorney in Michigan, who stated the following when asked about the “honest belief” doctrine: “The so-called honest belief rule is a particularly bold, if not absurd, rhetorical device concocted by judges to deprive employment plaintiffs of the right to be heard by a jury.” McCarthy further stated “By definition, the honest belief rule invites the judge to assume the role of the jury… We don’t allow judges to do this in any other area of the law.”

In the lawsuit, the plaintiff alleged that once she turned 60 years of age, Walmart store managers started asking when she would retire or quit. She was disciplined by the store for having unscheduled absences and several other incidents which gave the Court the legal justification for firing.

Stay tuned for more items from our “law store” to add to your cart of knowledge as we will be keeping a close eye on the “honest belief” doctrine.