88 F.4th 731
8th Cir.2023Background
- Colleen M. Johnson, aged 61, was hired by Belton Regional to lead its Oncology Department in 2017 and suffered from chronic heart issues.
- Johnson's supervisor, Patrick Avila, issued multiple warnings and disciplinary actions citing communication and workplace conduct concerns.
- After raising complaints about a toxic environment and Avila’s bullying, Johnson took nine months of medical leave.
- While on leave, her duties were reassigned and her employer sought clarification on her potential return; Johnson could not provide a return date due to medical restrictions.
- Johnson was terminated the day after stating she could not return, and she subsequently brought suit for discrimination under Missouri law, plus several common law claims.
- The district court dismissed the common law claims as preempted by the Missouri Human Rights Act (MHRA) and granted summary judgment on her discrimination claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Remand and Preemption of Common Law Claims | Missouri Human Rights Act does not preempt her intentional tort and property claims | All claims arise out of employment relationship and are thus preempted by the MHRA | Common law claims are preempted; removal and dismissal proper |
| Hostile Work Environment (Age/Disability) | Harassment and adverse comments about age and health created a discriminatory environment | Any comments were remote from termination and there is no evidence of discrimination | No sufficient evidence of discriminatory hostile work environment |
| Discriminatory Discharge (Age/Disability) | Termination was motivated by age/disability | Termination was for failing to provide a return-to-work date after extended leave | No evidence age/disability was the determinative factor |
| Constructive Discharge | Asserted claim in opposition to summary judgment | Plaintiff did not adequately brief the issue | Plaintiff waived the argument |
Key Cases Cited
- In re Prempro Prods. Liab. Litig., 591 F.3d 613 (8th Cir. 2010) (standards for fraudulent joinder and removal jurisdiction)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard; need more than a scintilla of evidence)
- Torgerson v. City of Rochester, 643 F.3d 1031 (8th Cir. 2011) (summary judgment review standards)
- Filla v. Norfolk S. Ry. Co., 336 F.3d 806 (8th Cir. 2003) (fraudulent joinder when no state law cause of action possible)