Lau v. Wal-Mart Associates, Inc.

**What Happened** A Walmart employee named Lau filed a lawsuit against Walmart claiming retaliation. The employee believed Walmart had taken negative action against them in response to some protected activity they had engaged in. Lau tried to use a federal civil rights law (Section 1983) to sue the company for this alleged retaliation. **What the Court Decided** The court dismissed Lau's case entirely. A magistrate judge first reviewed the complaint and recommended dismissal, finding that Lau had not properly stated a legal claim that could succeed in court. The main judge agreed with this recommendation and threw out the case "with prejudice," meaning Lau cannot refile the same lawsuit. The court determined that the federal civil rights law Lau tried to use was not the right legal tool for this type of workplace dispute against a private employer like Walmart. **Why This Matters for Workers** This case highlights the importance of using the correct laws when filing retaliation claims. Workers cannot use certain federal civil rights laws against private employers - these laws typically apply to government employers. Private sector employees facing retaliation should consult with employment attorneys to identify the proper legal remedies, which might include state employment laws or other federal workplace protection statutes.