Streeter v. Premier Services, Inc.
9 F. Supp. 3d 972
N.D. Iowa2014Background
- Plaintiff Brian J. Streeter, pro se, sued Premier Services, Inc. after being terminated from temporary assignments at Tur‑Pak; he alleged denial of medical leave, disability and race discrimination, and possibly an FMLA claim.
- Streeter worked for Premier in three short stints in 2010–2011 (totaling under 70 days) and was placed at Tur‑Pak each time.
- Tur‑Pak/Premier policies required employees to call in for absences; two consecutive no‑calls/no‑shows were treated as voluntary resignation. Streeter failed to call in on Jan. 3–4, 2011.
- Streeter produced a VA clinic note after the absences; the note did not state he was unable to call or work. He had marked "No" to disability on his Premier application and never informed Premier he was disabled or requested accommodation.
- EEOC investigated and issued a Dismissal and Notice of Rights; Streeter proceeded pro se. Premier moved for summary judgment; Streeter did not meaningfully oppose. The magistrate judge granted summary judgment and dismissed the case with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disability discrimination (ADA/ICRA) | Streeter contends he was terminated after requesting/being denied medical leave related to a disability. | Premier argues it had no knowledge of any disability, Streeter marked "No" on application, and thus could not have discriminated for a disability. | Court: Summary judgment for Premier — no evidence Premier knew of disability, so no causal link. |
| Race discrimination (Title VII/ICRA) | Streeter alleges race discrimination in his termination. | Premier argues Streeter failed to meet expectations (violated call‑in policy) and similarly situated employees of different races were treated the same. | Court: Summary judgment for Premier — Streeter failed to show he met expectations or any disparate treatment. |
| FMLA entitlement | Streeter implies denial of medical leave. | Premier notes employee must have 12 months and 1,250 hours of service; Streeter had neither. | Court: Summary judgment for Premier — Streeter was ineligible for FMLA leave. |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard and burden allocation)
- Anderson v. Liberty Lobby, 477 U.S. 242 (genuine dispute and "material fact" standard)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (requirement that speculative evidence not defeat summary judgment)
- Olsen v. Capital Region Med. Ctr., 713 F.3d 1149 (8th Cir. standard for ADA prima facie elements)
- Casey's Gen. Stores, Inc. v. Blackford, 661 N.W.2d 515 (Iowa law elements for disability discrimination)
- Griffith v. City of Des Moines, 387 F.3d 733 (causal link inquiry for discriminatory motive)
- Lake v. Yellow Transp., Inc., 596 F.3d 871 (McDonnell Douglas framework for race discrimination)
- Nevada Dep't of Human Res. v. Hibbs, 538 U.S. 721 (FMLA employee eligibility requirement)