Yearns v. Koss Construction Co., No. 19-1316 (8th Cir. 2020)
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The Eighth Circuit affirmed the district court's grant of summary judgment to Koss in an action brought by plaintiff, a former employee, alleging that Koss terminated her employment in retaliation for her complaints about pay discrimination based on sex in violation of the Equal Pay Act (EPA).
The court held that plaintiff failed to present sufficient evidence to create a genuine issue of material fact as to pretext. In this case, plaintiff failed to present sufficient evidence as to the question of whether there was no basis in fact for Koss's proffered reason for her termination: there was lack of work at the project. The court also held that plaintiff failed to present sufficient evidence to create a genuine issue of material fact on the question of whether a retaliatory reason more likely motivated the manager's decision to terminate her.
Court Description: [Shepherd, Author, with Gruender and Wollman, Circuit Judges] Civil case - Equal Pay Act. In this action alleging retaliation in violation of the Equal Pay Act, plaintiff's claim fails at step three of the McDonnell Douglas analysis because she failed to show the stated reason for her termination was a pretext for retaliation; nor did plaintiff present sufficient evidence to create a genuine issue of material fact on the question of whether a retaliatory reason more likely motivated defendant's decision to terminate her.
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