Rinchuso v. Brookshire Grocery Co., No. 18-2494 (8th Cir. 2019)Annotate this Case
The Eighth Circuit affirmed the employer's motion for summary judgment in an action brought by plaintiff, a former employee, alleging gender-based discrimination. The court held that summary judgment was appropriate where, assuming his assertions were true, none of plaintiff's purported direct evidence established the required specific link between his termination and gender-based animus; plaintiff failed as a matter of law to provide sufficient evidence to give rise to a jury question on the issue of disparate treatment; and any error in declining to consider plaintiff's direct evidence argument was harmless.
Court Description: Erickson, Author, with Smith, Chief Judge, and Wollman, Circuit Judge] Civil case - Employment discrimination. Assuming for the purposes of argument that plaintiff's claims of direct evidence of discrimination are true, none of the purported direct evidence established the required specific link between his conduct and gender-based animus; plaintiff also failed to establish a prima facie case of disparate treatment as he did not proffer specific, tangible evidence that the employee to whom he compared himself was similarly situated; any error in denying plaintiff's Rule 59(e) motion was harmless.