Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

After plaintiff was terminated from CRC through its "no-fault" attendance policy, she filed suit alleging that her termination violated her rights under the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA).The Eighth Circuit affirmed the district court's grant of summary judgment in favor of CRC and dismissal of plaintiff's claims. The court concluded that the district court did not err in dismissing plaintiff's ADA discrimination claim where the undisputed evidence established that she was unable to perform the essential functions of her position. In this case, many of plaintiff's duties as the sole office assistant required her physical presence at the office and she admitted that her absences burdened co-workers by detracting from the time they could spend on their own duties. Furthermore, because plaintiff could not establish a prima facie case of ADA discrimination, her failure-to-accommodate claim necessarily fails. In regard to plaintiff's retaliation claim under the ADA, the court concluded that she failed to present sufficient evidence of the required but-for causal connection.In regard to plaintiff's FMLA claims, the court affirmed the district court's dismissal because CRC did not deny plaintiff FMLA leave to which she was entitled because it was justified in assessing unexcused absence points. In regard to the FMLA discrimination claim, the court concluded that plaintiff failed to establish a causal connection between her requests for FMLA leave and her termination. Even assuming that plaintiff made a prima facie case of discrimination, the court concluded that CRC had a legitimate, non-discriminatory ground for termination that was not pretextual. View "Evans v. Cooperative Response Center, Inc." on Justia Law

The Eighth Circuit affirmed the district court's grant of summary judgment to the employer in an action brought by plaintiff, alleging that the employer retaliated against him in violation of the Minnesota Whistleblower Act (MWA). The court applied the McDonnell Douglas burden-shifting framework and concluded that, even assuming plaintiff made a prima facie case of retaliation, the employer offered legitimate, non-discriminatory grounds for the adverse employment action. In this case, the employer offered several reasons for demoting and terminating plaintiff: among other things, plaintiff knew of and approved prohibited invoice practices, encouraged another person to do the same, lied about both, and engaged in unethical practices. Furthermore, plaintiff failed to show that the employers' reasons for his termination were pretextual. View "Scarborough v. Federated Mutual Insurance Co." on Justia Law

After the University dismissed plaintiff from its medical residency program, plaintiff filed suit for wrongful termination and alleged that the University discriminated against her based on age and disability, as well as retaliated against her.The Eighth Circuit affirmed the district court's grant of summary judgment for the University, concluding that the University established a legitimate, non-discriminatory reason for plaintiff's termination. In this case, assuming that plaintiff made a prima facie case for age discrimination, the University produced a legitimate, nondiscriminatory reason for terminating plaintiff by explaining that she made an egregious error affecting patient safety despite supervisor and attending efforts. Furthermore, plaintiff failed to show evidence of pretext. The court also concluded that plaintiff failed to make a prima facie case of discrimination under the Americans with Disabilities Act because there are no genuine issues of material fact as to whether the University regarded her as disabled at the time before her termination. View "Canning v. Creighton University" on Justia Law

Plaintiff filed suit against Ford under the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Missouri Human Rights Act (MHRA), claiming that Ford terminated him twice and took other adverse employment action against him based on his asthma and scoliosis. The district court dismissed the FMLA claim as time-barred, and dismissed his ADA and MHRA claims on the ground that he exhausted his administrative remedies.The Eighth Circuit concluded that FMLA claims were sufficient to survive a Federal Rule of Civil Procedure 12(b)(6) motion. The court also concluded that plaintiff has cleared the exhaustion hurdle on his MHRA claim but has pulled up short on his three ADA claims. Accordingly, the court affirmed in part and reversed in part. View "Weatherly v. Ford Motor Co." on Justia Law

The Eighth Circuit denied Transdev's petition for review of the Board's order allowing a certain class of Transdev's workers to seek union representation where the Board determined that Transdev failed to show the workers were supervisors under Section 2(11) of the National Labor Relations Act. The court concluded that substantial evidence supports the Board's conclusion that Transdev failed to prove road supervisors have the authority to discipline operators. The court also concluded that substantial evidence supports the Board's determination that Transdev failed to sufficiently prove road supervisors have the authority to discipline or effectively recommend discipline, and therefore Transdev failed to prove road supervisors are statutory supervisors on this basis.In regard to Transdev's alternative argument, the court found that the Board reasonably concluded that the one-time distribution of gift cards under the circumstances described by two road supervisors was insufficient to show that road supervisors have the authority to reward. Furthermore, the Board's decision that Transdev failed to show road supervisors responsibly direct other employees was supported by substantial evidence. Finally, the Board's decision here was supported by substantial evidence, and it did not act arbitrarily or capriciously in finding that Transdev failed to show road supervisors were statutory supervisors, certifying the union, and finding that Transdev committed an unfair labor practice. Accordingly, the court granted the Board's cross-petition for enforcement of its order. View "Transdev Services, Inc. v. National Labor Relations Board" on Justia Law

Henin began working Canadian Pacific (CP) in 2003. CP terminated Henin’s employment in 2015, citing rule violations. Henin filed a complaint with the Department of Labor, alleging violation of the Federal Railroad Safety Act. After investigating, the Occupational Safety and Health Administration dismissed Henin’s complaint in a Decision, dated January 11, 2019. Henin received the Decision on January 22. On January 28, Henin filed with the Administrative Review Board a petition for review. On February 5, the Clerk issued a notice indicating acceptance of Henin’s petition. On February 26, the Board dismissed Henin’s petition as untimely. In his motion for reconsideration, Henin explained that he did not receive the Decision until 11 days after its issuance; that before the Decision, there had been no case activity since 2017; and that between December 22, 2018, and January 25, 2019, the federal government experienced a “shutdown.”The Board reinstated Henin’s claim as timely but immediately dismissed it, citing a complaint that Henin filed in federal court under 49 U.S.C. 20109(d)(3), which grants federal district courts jurisdiction to review employee claims de novo if, like here, the Secretary of Labor does not issue a “final” decision within 210 days of the complaint’s filing date. The Eighth Circuit denied CP’s petition for review. The Board properly granted reconsideration and appropriately utilized its equitable powers to control its own docket and to recognize the record’s incongruities and the 11-day delay in service. View "Soo Line Railroad Co. v. Administrative Review Board United States Department of Labor" on Justia Law

Lopez worked for Whirlpool under the supervision of Gralund. Various people, including Gralund and Penning, assigned Lopez to fill in areas of the line. Penning was not a supervisor. Lopez alleges that Penning began touching her in inappropriate ways. She asked him to “back off.” There were more incidents of touching but Lopez did not report them to HR, any supervisor, or her union. Lopez later testified that she “[made] it clear to [Gralund].” Lopez and Penning subsequently had two disputes about how Lopez was to perform her job. Lopez then made her first written complaint, which noted incidents involving her working conditions but did not mention Penning’s harassment. Lopez later reported “that [she] felt like [Penning] was retaliating” by hovering and staring at her. Lopez resigned four days later, apparently without mentioning “Penning” or “harassment” in her voicemail.Lopez sued for sex discrimination and retaliation under Title VII and the Iowa Civil Rights Act. During discovery, Whirlpool spent time and money on multiple depositions that never occurred. Whirlpool invoked 28 U.S.C. 1927; the magistrate imposed a $2,000 sanction against Lopez’s counsel. The Eighth Circuit affirmed the sanction order and the subsequent entry of summary judgment in favor of Whirlpool. Lopez failed to raise a triable fact on what Whirlpool knew or should have known about Penning’s conduct; she never gave Whirlpool an opportunity to take corrective action. View "Lopez v. Whirlpool Corp." on Justia Law

After the railroad fired a train engineer for defecating on a train-car connector, an arbitration board reinstated him. The railroad sought to vacate the arbitration award in federal court, but the district court upheld the engineer's reinstatement by enforcing the award.The Eighth Circuit affirmed the district court's judgment, concluding that the Board applied the governing collective bargaining agreement (CBA) and acted within the scope of its authority. The court rejected the railroad's contention that the remedy creates new prerequisites to the CBA's discipline requirements. The court shared the district court's bewilderment at the Board's conclusion that a company cannot fire someone for purposefully defecating on company property. Even so, the court cannot review the merits. View "Union Pacific Railroad Co. v. International Association of Sheet Metal, Air, Rail, and Transportation Workers" on Justia Law

Plaintiff appealed the district court's adverse grant of summary judgment on her claims against the County, her former employer, alleging that it retaliated against her for participating in protected activity in violation of Title VII and the Minnesota Whistleblower Act (MWA).The Eighth Circuit affirmed the district court's dismissal of the Title VII suspension-based claim, concluding that plaintiff failed to establish a prima facie case of retaliation. In this case, plaintiff failed to show that she engaged in statutorily protected activity because she did not communicate or report any sexual harassment before her suspension. In regard to the termination-based claim, the court applied the burden-shifting McDonnell Douglas framework and concluded that, assuming plaintiff made a prima facie case, the County articulated several legitimate, non-retaliatory reasons for her discharge. Furthermore, plaintiff has not shown that the County's reasons are sufficiently intertwined or fishy that rebutting only some of the reasons discredits them all. Therefore, the court affirmed the district court's dismissal of the termination-based claim under Title VII. However, given the relatively novel questions of state law, the court dismissed the MWA claims without prejudice so that they can be taken up by the Minnesota state courts. View "Kempf v. Hennepin County" on Justia Law

Plaintiff filed suit in state court against Amber Pharmacy and others, alleging claims of discrimination, retaliation, demotion and a hostile work environment. After removal to federal court, the district court granted summary judgment in favor of defendants on all but a portion of plaintiff's Nebraska Fair Employment Practice Act (NFEPA) claim.In regard to plaintiff's claim of age discrimination in violation of the Age Discrimination in Employment Act of 1967 (ADEA), the Eighth Circuit assumed that plaintiff established a prima facie case, but that defendants articulated a legitimate, nondiscriminatory reason for eliminating plaintiff's position and demoting her: the need to restructure the financial department to put a stronger emphasis on accounting and more effectively implement the new operating system. The court concluded that plaintiff's evidence was insufficient and did not satisfy her burden of showing age was a motivating factor in defendants' decision to restructure. The court also concluded that defendants are entitled to summary judgment on plaintiff's federal claims under Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and the Employee Retirement Income Security Act (ERISA).Given the similarities between the federal and state ADEA claim, the court concluded that it was appropriate for the district court to exercise supplemental jurisdiction and grant summary judgment on the Nebraska ADEA claim. Because plaintiff's claim for intentional infliction of emotional distress was neither novel nor complex, the exercise of supplemental jurisdiction would not offend principles of comity and fairness. The court concluded that the district court erred in splitting plaintiff's claim that her employer retaliated against her for reporting Medicaid and HIPPA issues and for filing charges with the Nebraska Equal Opportunity Commission. The court vacated the district court's order on the NFEPA claim with instructions to remand the claim in its entirety to state court so that Nebraska courts may resolve the novel questions of state law. View "Starkey v. Amber Enterprises, Inc." on Justia Law