Bonenberger v. St. Louis Metropolitan Police Department
2016 U.S. App. LEXIS 793
| 8th Cir. | 2016Background
- Bonenberger, a white sergeant, applied for Assistant Academy Director; Taylor, an African-American sergeant, was chosen.
- Evidence showed deliberate racial bias: Muxo said the job would go to a black woman; Harris allegedly wanted a black female in the position.
- Bonenberger sued officials for Title VII, MHRA, and §1983/1981 discrimination; jury found for Bonenberger against Muxo, Harris, and Isom and on conspiracy against Muxo and Harris.
- Taylor lacked required qualifications; Bonenberger also had more experience and stronger evaluations.
- The district court denied JMOL; appellants appeal on discrimination and conspiracy claims.
- Court affirms the denial of JMOL, concluding there was enough evidence of an adverse action and of a conspiratorial agreement to discriminate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of JMOL on discrimination claims was proper. | Bonenberger showed material adverse action through changed working conditions. | The position was not a promotion; no pay/rank changes; no adverse action. | Yes; there was a material change in working conditions supporting adverse-action finding. |
| Whether the conspiracy claim had sufficient evidence of agreement. | Evidence suggested an understanding to hire a black woman. | Testimony could be read as mere knowledge, not agreement. | Yes; jury could infer meeting of the minds to discriminate. |
Key Cases Cited
- Sallis v. Univ. of Minn., 408 F.3d 470 (8th Cir. 2005) (adverse-action standard in discrimination claims)
- McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507 (8th Cir. 1995) (definition of adverse employment action)
- Fisher v. Pharmacia & Upjohn, 225 F.3d 915 (8th Cir. 2000) (transfer changes in working conditions can be adverse action)
- Tadlock v. Powell, 291 F.3d 541 (8th Cir. 2002) (supervisory/title difference as adverse action)
- Davis v. City of Sioux City, 115 F.3d 1369 (8th Cir. 1997) (promotion potential relevant to adverse action)
- City of Omaha Emps. Betterment Ass’n v. City of Omaha, 883 F.2d 650 (8th Cir. 1989) (meeting-of-the-minds standard for conspiracy substantial evidence)
- White v. McKinley, 519 F.3d 806 (8th Cir. 2008) (conspiracy existence should be submitted to jury if facts permit)
- Am. Bank of St. Paul v. TD Bank, N.A., 713 F.3d 455 (8th Cir. 2013) (reversal only with complete absence of probative facts)
- Southland Metals, Inc. v. Am. Castings, LLC, 800 F.3d 452 (8th Cir. 2015) (standard for reviewing denial of JMOL)
- LePique v. Hove, 217 F.3d 1012 (8th Cir. 2000) (material-working-conditions concept in transfers)