Law, Business, and Society 9th Edition by Tony McAdams

Exercise 13

Stalter, an African American, was fired for theft after working at a Wal-Mart loading dock for four months. Stalter ate a handful of taco chips from an open bag on the countertop in the break room. As he was eating, Ellenbecker entered the room, took the bag from Stalter, and placed it in her locker. Stalter later apologized to Ellenbecker and offered to buy a new bag. She said the incident was "no big deal" and told him to "forget about it." Management then investigated, concluded Stalter had stolen the chips, and fired him. Stalter sued, claiming his termination was race based. At court Stalter argued (a) Wal-Mart could not have reasonably believed that he committed theft, especially since the owner told him to forget about it; (b) the punishment was grossly excessive; (c) a similarly situated Caucasian employee who committed a similar offense was treated much more leniently; and (d) Wal-Mart did not investigate his claims of racial harassment. Resolve this case. Explain your reasoning. See Stalter v. Wal-Mart Stores, 195 F.3d 285 (7th Cir. 1999).