Buehrle v. City of O'Fallon, Missouri, No. 11-2713 (8th Cir. 2012)
Annotate this CasePlaintiff brought suit against his employer, the City of O'Fallon, alleging, among other things, that the city retaliated against him for exercising his right to free speech guaranteed by the United States and Missouri Constitutions. Plaintiff's free speech claim alleged that the city retaliated against him for the comments made in his report to the Board of Alderman by failing to promote plaintiff, by failing to follow internal procedures while investigating him, and by taking negative personnel actions against him. Defendant's Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621-634, and Missouri Human Rights Act (MHRA), Mo. Rev. Stat. 213.055, claims alleged that the city failed to promote plaintiff because of his age. The district court granted summary judgment in favor of the city. The court held that the district court did not err in granting summary judgment in favor of the city on plaintiff's free speech claims; plaintiff failed to meet his burden under the MHRA and summary judgment was properly granted on this claim; summary judgment was properly granted on the ADEA claim; and his Missouri Workers' Compensation Act, Mo. Rev. Stat. 287.780 claim. Accordingly, the court affirmed the judgment.
Court Description: Civil case - Employment discrimination. Plaintiff's speech was delivered pursuant to his official duties and his comments were not insulated by the First Amendment from discipline; absent any showing that age of the other applicants for positions factored into the decision- maker's selection, plaintiff failed to meet his burden of proof under the Missouri Human Rights Act; plaintiff's Age Discrimination in Employment Act claim failed because he could not meet the ADEA's standard that age was the "but-for" cause of the employer's adverse action; plaintiff's admission that the reason for adverse employment actions was not exclusively, if at all, his filing of a workers' compensation claim was fatal to his retaliation claim under the Missouri Workers' Compensation Act.
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