J. (2016). Pg 602-603). We have a tendency to conclude, therefore, that Sam's Club's statute of limitations defense has been waived. Finally, Sam's Club contends that it's additionally entitled to judgment as a matter of law as a result of Cortes didn't establish at trial that his criticism was filed among ninety days of receiving his right-to-sue letter from the EEOC (Walsh, D. J. (2016). Pg …show more content…
The court conjointly finished that as a result of such criteria for promotion aren't mentioned within the worker book of facts, although it was unwritten policy, it's moot. what is more, it's very unknown whether or not a coaching-free year is an objective and one in all several qualifications that Hernando Cortes required to determine for a clear case. Wal-Mart tried to claim that its no-coaching qualification was set as an objective live that was a part of the promotion criteria. The work itself is subjective and based mostly part on the subjective opinions of a manager. At trial, Garnern, Cortez’s supervisor, testified that work is “not always” supported the subjective opinions of a supervisor, and also the court