Malone v. Ameren UE, No. 10-2446 (8th Cir. 2011)
Annotate this CaseAppellant sued his employer alleging race discrimination and retaliation for opposing race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. At issue was whether the district court properly granted summary judgment and dismissed the complaint. As a preliminary matter, the court held that the district court did not abuse its discretion in excluding certain affidavits and in concluding that discovery concerning the settlement agreement was not warranted. The court held that the district court properly granted summary judgment on both failure-to-promote claims where the employer did in fact promote appellant in 2007. The court also held that the district court properly granted summary judgment on the hostile work environment based on race claim where the incidents that appellant had alleged were not sufficiently severe or pervasive to establish a hostile work environment.
Court Description: Civil case - Employment discrimination. Discovery rulings affirmed; failure-to-promote claims were properly dismissed; incidents upon which plaintiff relied to establish a hostile work environment were not sufficiently pervasive or severe to establish the claim.
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