Former KMart Store Manager Did Not Suffer Discrimination

In Gardner v. Sears Holding Corporation, the Tenth Circuit upheld a trial court’s order granting summary judgment against a man who claimed he was discriminated against on the basis of his age and race when his employment was terminated.  The court ruled that because “Kmart had established legitimate, non-discriminatory reasons for reprimanding Mr. Gardner by documenting the poor conditions of his store and the compliants of his employees,” the manager’s claims of race and age discrimination could not withstand summary judgment.