McPherson v. Brennan, No. 17-2098 (8th Cir. 2018)
Annotate this CasePlaintiff filed suit alleging that he was improperly rejected for the position of Criminal Investigator with the USPS in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq., and that he should have been given preference for the position due to his status as a veteran. The district court granted the Postmaster General’s motion to dismiss the action under Federal Rule of Civil Procedure 12(b)(6). The Eighth Circuit held that the district court erred in dismissing the ADEA claim because plaintiff alleged a prima facie case of discrimination where he demonstrated that he had the educational and professional experience required for the position. Accordingly, the court reversed as to the ADEA claim and remanded for further proceedings. The court affirmed in all other respects.
Court Description: Per Curiam - Before Gruender, Bowman and Erickson, Circuit Judges] Civil case - Employment discrimination. The district court erred in dismissing plaintiff's claim that he was improperly rejected for a investigative position with the Postal Service in violation of the Age Discrimination Act as his complaint alleged he had the educational and professional experience required for the position and he pleaded a prima facie case.
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