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Employee with cerebral palsy cannot pursue discrimination claim against "difficult" Wal-Mart manager because manager also abused others

In Watz v. Wal-Mart Stores, the plaintiff appealed the summary disposition of his discrimination claim.  He argued that he was a victim of disability harassment based on his cerebral palsy issues.  He claimed that his boss "refused to give him earned days off, prevented him from performing his job, and removed personnel from his department."  Wal Mart argued that the manager had been coached because of a "difficult management style" and that Watz couldn't prove that the abuse he suffered or the supervisor's conduct were "based on Watz's disability."  The trial judge rejected this basis for summary disposition of Watz's claim and Wal-Mart appealed.

The Court of Appeals disagreed and granted summary disposition to Wal-Mart.  The judges held that since the manager was "difficult" and other employees had complained, there was no evidence that Watz was targeted because of his disability.

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