Smith v. UPS, No. 15-1487 (8th Cir. 2016)
Annotate this CaseAfter plaintiff was terminated from UPS, he filed suit alleging race discrimination. The district court granted summary judgment to UPS. The court affirmed, concluding that the totality of the evidence in this case does not support a finding of unlawful discrimination. Plaintiff has not put forth evidence to rebut UPS's contention that it fired him due to his conduct. The record shows that plaintiff cursed in the workplace, arguably threatened his supervisor, had multiple conflicts with other employees, and disagreed with company efforts to address the problems. Because plaintiff failed to present any evidence to establish that UPS's given reason for his termination was pretextual, the district court did not commit reversible error by concluding that plaintiff failed to show that a material question of fact remains as to pretext.
Court Description: Smith, Author, with Murphy and Benton, Circuit Judges] Civil case - Employment discrimination. Plaintiff failed to show the employer's stated grounds for his termination - his behavior towards co-workers and supervisors - were pretexts for race discrimination, and the district court did not err in granting the employer's motion for summary judgment.
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