Assuming that claim is true, would Rodriguez be able to prevail on a disparate treatment cause of action? Explain.

Rodriguez managed a Walmart 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 managers. Rodriguez was evaluated with the use of an opinion survey given to all of 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? Explain. See Rodriguez-Cuervos v. Wal-Mart Stores, 181 F.3d 15 (1st Cir. 1999).


 

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