774 F.3d 920
8th Cir.2014Background
- Noel, a Missouri Human Rights Act plaintiff, claimed SBC disabled him; he resigned, not fired, after health-related travel issues.
- In 2006 Noel accepted a travel-heavy role that aggravated his diabetes; two hospitalizations followed; he later received a temporary non-travel assignment.
- After a poor performance under a PIP, Noel was hospitalized again and did not return to work; six months of disability leave preceded his resignation per doctor’s advice.
- No SBC employee told Noel to resign, nor was he disparaged about diabetes; SBC temporarily relieved him from travel.
- The district court granted summary judgment for SBC; Noel appealed contending a constructive discharge under MHRA.
- The court reviews summary judgment de novo and held Noel failed to show SBC deliberately rendered working conditions intolerable forcing resignation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Noel's MHRA claim can survive as a constructive-discharge claim | Noel | SBC | No genuine issue; no deliberate intolerable conditions by SBC; resignation not forced |
Key Cases Cited
- Gambler v. Missouri Dept. of Health & Senior Services, 225 S.W.3d 470 (Mo. Ct. App. 2007) (evidence failed to show working conditions were intolerable)
- Wallingsford v. City of Maplewood, 287 S.W.3d 682 (Mo. 2009) (deliberate rendering of intolerable conditions to force quitting)
- Quinn v. St. Louis County, 653 F.3d 745 (8th Cir. 2011) (accommodations suggest employer does not want employee to quit)
- Hervey v. Mo. Dep’t of Corrs., 379 S.W.3d 156 (Mo. 2012) (standard for MHRA disability claim after resignation)
- DeWalt v. Davidson Serv./Air, Inc., 398 S.W.3d 491 (Mo. Ct. App. 2013) (employer’s intent inquiry for constructive discharge)