Henson v. Union Pacific Railroad Co., No. 20-1966 (8th Cir. 2021)
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Plaintiff filed suit against Union Pacific in Missouri state court, alleging age discrimination, constructive discharge, and hostile work environment claims under the Missouri Human Rights Act (MHRA). Plaintiff also filed suit against Missouri resident Foster B. McDaniel, claiming that McDaniel aided and abetted Union Pacific in its discriminatory acts. After Union Pacific removed to federal court, the district court granted McDaniel's motion to dismiss and denied plaintiff's motion to remand. The district court later granted Union Pacific's motion for summary judgment on plaintiff's hostile work environment claim.
The Eighth Circuit affirmed, concluding that the district court did not err in dismissing McDaniel on the basis of fraudulent joinder because plaintiff's complaint failed to make a colorable claim that McDaniel directly oversaw or was actively involved in discrimination. The court also concluded that the district court did nor err in determining plaintiff did not administratively exhaust his constructive discharge claim. Finally, the court concluded that the district court did not err in granting Union Pacific summary judgment on plaintiff's hostile work environment claim because plaintiff failed to establish age-related harassment sufficiently severe or pervasive to establish the existence of a hostile work environment.
Court Description: [Wollman, Author, with Smith, Chief Judge, and Stras, Circuit Judge Civil case - Missouri Human Rights Act. In an action alleging age discrimination, constructive discharge and hostile work environment claims under the Missouri Human Rights Act, the district court did not err in dismissing defendant McDaniel on the basis of fraudulent joinder as there was no colorable claim that he retaliated or aided or abetted retaliation against plaintiff; the district court did nor err in determining plaintiff did not administratively exhaust his constructive discharge claim; the district court did not err in granting the employer summary judgment on plaintiff's hostile work environment claim as plaintiff failed to establish age-related harassment sufficiently severe or pervasive to establish the existence of a hostile work environment
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