8th Circuit Court Reports Archive 

Employer’s Job Description Instrumental in Determining Essential Duties Asking Jailer on Multiple Dates Not Harassment Employee’s Failure to Give Notice of Need for Leave Dooms FMLA Claims Employee’s Destruction of Computer Files Draws Adverse Inference from Jury Termination Is Valid ‘Re-employment Position’ Under USERRA Employer Not Entitled to Restitution for Overpayment to Health and Pension Funds Nurse’s FMLA Lawsuit Revived; Doctor’s Note Indicated Need for Leave Retaliation Played No Role in Employee’s Termination Modified Workweek Resulted in Lower Overtime No Nexus Between Protected Class Status and Employment Action Move to Straight Shift Not Reasonable Accommodation Unforeseeable Business Circumstances Excuse WARN Act Requirement Equal Pay Act Defenses Clarified FMLA Does Not Excuse Employee’s Abandonment of Position Retirement Plan That Considered Age Did Not Violate ADEA Termination Upheld Despite Improper Designation of FMLA Leave Demotion Alone May Lead to Constructive Discharge EEOC Must Identify Individual Claimants and Investigate Claims Before Filing Suit Harassment Policy Mitigated Employer’s Liability for Supervisor Misconduct 8th Circuit: Unrepentant Manager’s Title VII Claim Fails 10th Circuit: Jury Verdict of $2 Million in Punitive Damages Ruled Too High 8th Cir.: Discrimination Claim Accrued Late in Employer’s Bankruptcy Action not Discharged 8th Circuit: Court Reverses Long-Term Disability Offset 8th Circuit: Class Certification Denied in Discrimination Lawsuit 8th Circuit: Challenge to EEOC Subpoena Authority Fails 8th Circuit: UPS Employee Failed to Show Race Discrimination or Retaliation 8th Circuit: Replaced Workers Do Not Constitute WARN ‘Reduction in Force’ 8th Circuit: Dismissal Confirmed in FMLA/COBRA Case 8th Circuit: Multi-Phase Firefighter Application Process Nondiscriminatory 8th Circuit: Employees Were Ineligible for FLSA Tip Credit 8th Circuit: Pregnant Employee Cannot Prove Constructive Discharge 8th Circuit: Court Rules Religious Accommodation Created Undue Hardship 8th Circuit: First Amendment Protection Increased for Public-Sector Employees 8th Circuit: Reduction in Force Was Not Discriminatory 8th Circuit: Ruling on FMLA Call-In Policy Upheld 8th Circuit: Employee Who Could Not Perform Essential Job Functions Was Properly Terminated 8th Circuit: Employer Rewarded for Prompt Action with Title VII Dismissal 8th Circuit: Watchdog Lawfully Discharged 8th Circuit: No Company Liability for Equal Opportunity Same-Sex Sexual Harasser 8th Circuit: Theft-Related Convictions Ruled Complete Defense to Discrimination Claim 8th Circuit: Court Upholds $100,000 Verdict in Hostile Environment Claim 8th Circuit: ADA Claim Barred 8th Circuit: FMLA Does Not Create Immunity for Discharge for Non-FMLA Absences 8th Circuit: Anti-Harassment Policy Provides Defense Against Hostile Work Environment Claims 8th Circuit: Disability Claim Dismissed 8th Circuit: Dispatcher with Depression Lacks ADA/FMLA Claims 8th Circuit: Subjectivity in Hiring Process May Give Rise to Title VII Claim 8th Circuit: No-Reliance Clause Was Not Absolute Bar to Fraud Claim 8th Circuit: Retaliation Claim Rejected Where Employee Had Poor Job Performance 8th Circuit: Religious Accommodation Claim Rejected 8th Circuit: Reverse Discrimination Claim Not Successful 8th Circuit: Poorly Recorded Performance Precludes Pretext at Summary Judgment 8th Circuit: Adverse Action Based on Non-conforming Behavior Is Impermissible 8th Circuit: New Trial Warranted in ADEA Case 8th Circuit: Cintas Corp. Unlawfully Targeted Union Sympathizers 8th Circuit: Claim that ERISA Administrator Failed to Disclose Information Survives 8th Circuit: ERISA Plaintiff Need Not Exhaust Administrative Remedies 8th Circuit: Employer Appropriately Set Opening Balance of Converted Retirement Plan 8th Circuit: Overfunded ERISA Plan Bars Participant’s Claim Against Fiduciaries 8th Circuit: Absence Due To Alcohol Use Is Not Protected Under FMLA 8th Circuit: Title VII Reaches Only Material Retaliation 8th Circuit: Punitive Damages Available Without Proof of Outrageous Conduct 8th Circuit: Ghost Whisperer May Have Created Hostile Work Environment 8th Circuit: Medical Residents Subject to FICA 8th Circuit: Non-Payroll Records Did Not Result in Knowledge of Overtime 8th Circuit: Request for Indefinite Leave Is Not Reasonable Accommodation 8th Circuit: Shifting Reasons for ‘Layoff’ Leads to Liability in Retaliation Claim 8th Circuit: Unattainable Goals, Unwise Remarks Bolster Claim 8th Circuit: Court Affirms OSHA Multi-Employer Worksite Policy 8th Circuit: Retaliation Claim Unconnected to Protected Activity 8th Circuit: Daily Call-In Policy Does Not Violate FMLA 8th Circuit: Employees Win Damages for Work at Multiple Sites 8th Circuit: Conductor’s Violation of Drug Policy Grounds for Termination 8th Circuit: Truck Driver’s Tort Award Reduced 8th Circuit: Employer’s Directive for Inpatient Alcohol Treatment Upheld 8th Circuit: Claim Rejected When Employee Could Not Work Overtime 8th Circuit: Questionable Management Style Distinguished from Retaliation 8th Circuit: Rehire Policy Challenged Under ADEA 8th Circuit: Employer May Use Subjective Criteria To Defeat Claim of Pretext 8th Circuit: Retaliation Claim Fails Despite Internal Harassment Complaints 8th Circuit: Denial of Deferred Compensation Payments Upheld 8th Circuit: Prompt Response Fends Off Hostile Work Environment Claim 8th Circuit: Retaliation Claim Cannot Be Premised on Petty Slights 8th Circuit: Complaint of Verbal Abuse Not Protected Conduct Under Title VII 8th Circuit: School Board’s Statements Do Not Support Defamation Claim 8th Circuit: Unexcused Absences Do Not Constitute ADA Accommodation 8th Circuit: Firm Response to Harassment Claim Did Not Excuse Weak Follow-Up 8th Circuit: Age Discrimination Claim Fails Despite Age-Based Comments 8th Circuit: Returning Reservist Loses Claims 8th Circuit: Fired Worker Wins Religious Discrimination Claim 8th Circuit: Worker Fired for 'Inappropriate Comments' Wins ADEA Claim 8th Circuit: ADA Does Not Require Employer To Create New Position 8th Circuit: Inconsistent Treatment May Establish USERRA Violation 8th Circuit: Court Rejects Pregnant Nurse's Discrimination and Retaliation Claim 8th Circuit: Constructive Discharge Requires Objectively Intolerable Conditions 8th Circuit: Denial of Mentoring and Training Was Not Retaliation 8th Circuit: Employee Compelled To Arbitrate Discrimination Claim 8th Circuit: Employer has burden of proving employee poses direct threat 8th Circuit: Worker who didn't sign acknowledgment ordered to arbitrate 8th Circuit: Public employees found entitled to overtime for hours not worked 8th Circuit: ADA award upheld when employer flip-flopped on exam's results 8th Circuit: Employer Can Be Liable for Discriminatory Conduct of Employee 8th Circuit: Award for Disability and Age Discrimination Affirmed More...