June Brown v. City of Jacksonville
711 F.3d 883
| 8th Cir. | 2013Background
- Brown was hired in 1998 as a purchasing agent and promoted to purchasing manager in 1999.
- Mushrush (older) supervised Brown; Erkel also supervised Brown starting December 2007.
- Brown filed a May 2007 EEOC charge; the EEOC dismissed it in May 2008.
- Brown took FMLA leave Aug–Oct 2008 for hip replacement; returned with continued disputes over performance.
- In April 2009 Brown faced an internal investigation for a hostile work environment and was criticized for conduct; Brown filed a second EEOC charge on May 26, 2009.
- Brown was terminated June 9, 2009 for “Failure in Performance of Duties” and “Failure in Personal Conduct”; the district court later granted summary judgment for the City on all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA claim viability under post-amendment standard | Brown was disabled and terminated because of disability. | No causation shown between disability and termination; timing dilutes any inference. | ADA claim cannot survive; no evidence of disability-based termination. |
| ADEA pretext for age discrimination | Age-related comments and treatment show pretext for termination. | Reasons were about performance and conduct, not age; no pretext shown. | No pretext; summary judgment affirmed for ADEA claim. |
| FMLA discrimination/retaliation | Termination linked to exercising FMLA rights. | No causal link; eight-month gap diminishes causation; pretext not shown. | FMLA discrimination/retaliation claim fails; summary judgment affirmed. |
| Title VII and ACRA retaliation | Termination was retaliation for EEOC activity. | Non-retaliatory reasons supported by record; no pretext shown. | No triable issue; retaliation claims fail; summary judgment affirmed. |
Key Cases Cited
- Johnson v. Outboard Marine Corp., 172 F.3d 531 (8th Cir. 1999) (courts may affirm on alternative grounds)
- Pulczinski v. Trinity Structural Towers, Inc., 691 F.3d 996 (8th Cir. 2012) (three-step framework for FMLA discrimination claims)
- Lovland v. Employers Mut. Cas. Co., 674 F.3d 806 (8th Cir. 2012) (McDonnell Douglas framework for FMLA retaliation adopted)
- Cross v. Cleaver, 142 F.3d 1059 (8th Cir. 1998) (new standard for adverse employment action burden)
- White v. Burlington Northern & Santa Fe Ry. Co., 548 U.S. 53 (Supreme 2006) (retaliation standard tied to challenged act, not underlying conduct)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Supreme 1973) (foundation of burden-shifting framework for discrimination claims)