Hunter v. United Parcel Service, Inc., No. 11-3186 (8th Cir. 2012)
Annotate this CasePlaintiff filed suit claiming that UPS discriminated against him based on his gender, sexual orientation, and disability when it failed to hire him as a part-time package handler. The court affirmed the district court's grant of summary judgment in favor of UPS, holding that plaintiff could not prove that UPS discriminated against him because of a protected status of which it was unaware and even if a jury could find that there was discrimination, UPS provided a legitimate non-discriminatory reason for not hiring plaintiff.
Court Description: Civil case - Employment Discrimination. Plaintiff failed to make a prima facie case that defendant discriminated against him based on his non-conformity to gender stereotypes or his being perceived as transgendered because there was no evidence that the person doing the hiring knew plaintiff was transgendered or perceived him as transgendered and discriminated against him on that basis; even if a jury could find that the hiring employee knew plaintiff was transgendered or gender non-conforming at the time of the job interview, defendant provided a legitimate, non-discriminatory basis for its hiring decision, which plaintiff failed to show were pretexts for discrimination. [ September 14, 2012
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