Towery v. Mississippi County Arkansas Economic Opportunity Commission, Inc., No. 20-1489 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment to the Commission in an action brought by plaintiff, alleging that the Commission discriminated against her in violation of Title VII. Plaintiff argues that her suspension, probation, and termination were discrimination based on race and national origin. The Commission stated that plaintiff's termination was due to failure to comply with requests to provide company passwords to agency programs and documents. The court concluded that plaintiff did not show evidence of pretext or that she could satisfy the McDonnell Douglas burden-shifting framework before the district court or in her opening brief, and thus she cannot prove a circumstantial case of discrimination.
Court Description: [Kobes, Author, with Loken and Grasz, Circuit Judges] Civil case - Employment discrimination. In the absence of direct evidence of discrimination, plaintiff's claims are considered under the McDonnell Douglas framework; plaintiff did not plead a case of discrimination relying on circumstantial evidence and plaintiff does not argue in her opening brief that she could satisfy the McDonnell Douglas burden-shifting framework; because plaintiff did not show evidence of pretext or that she could satisfy the McDonnell Douglas burden-shifting framework either before the district court or in her opening brief on appeal, she cannot prove a circumstantial case of discrimination.
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