Please refer to Cortez v. Wal-Mart Stores 460 F.3d 1268 (10th Cir. 2006) and respond to the following questions:

1. What was the legal issue in this case? What did the court decide?

2. Why does the court conclude that the active “coaching” in his file did not render him unqualified for promotion and thus unable to establish a prima facie case?

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3. What was the evidence that he was discriminated against?

4. How should employers address performance problems? Is it legitimate to limit the employment opportunities available to employees who have been placed on performance improvement programs?

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