Jennifer Jenkins v. Medical Laboratories, etc., No. 12-2939 (8th Cir. 2013)

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Court Description: Civil case - Employment Discrimination. District court's order granting defendant's motion for summary judgment on plaintiff's claims that she was terminated because defendant perceived her as disabled and in retaliation for complaining about workplace harassment is affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2939 ___________________________ Jennifer S. Jenkins lllllllllllllllllllll Plaintiff - Appellant v. Medical Laboratories of Eastern Iowa, Inc. lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________ Submitted: April 11, 2013 Filed: April 30, 2013 [Unpublished] ____________ Before LOKEN and GRUENDER, Circuit Judges, and WIMES,1 District Judge. ____________ PER CURIAM. Jennifer Jenkins claims that Medical Laboratories of Eastern Iowa ( Med Labs ) terminated her employment because it perceived her as being disabled and in 1 The Honorable Brian C. Wimes, United States District Judge for the Eastern and Western Districts of Missouri, sitting by designation. retaliation for complaining of workplace harassment. The district court2 granted summary judgment in favor of Med Labs, determining that Jenkins (1) failed to present direct evidence of discrimination or retaliation, (2) failed to present sufficient evidence to create a material question of fact with respect to several elements of a prima facie case for discrimination or retaliation, and (3) even if she had established a prima facie case, failed to present sufficient evidence to create a material question of fact as to whether Med Labs s proffered non-discriminatory, non-retaliatory reason for terminating Jenkins s employment amounted to mere pretext. After a careful de novo review of the record, see Stewart v. Indep. Sch. Dist. No. 196, 481 F.3d 1034, 1042 (8th Cir. 2007) (standard of review), we affirm for the reasons stated by the district court, see 8th Cir. R. 47B.3 ______________________________ 2 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. 3 Because we affirm on the merits of the disability discrimination and retaliation claims, we do not reach the administrative proceeding exhaustion question. -2-

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