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Race Discrimination

Apr 20, 2020

Employment: Race Discrimination-Punitive Damages-“Me Too” Evidence

(1)Where defendant employer argued that a trial court erred when it refused to cap the $7.2 million punitive damages award in a race-discrimination case, the court did not err in refusing to apply the cap because that would be an unconstitutional retrospective application of laws, and the court also did not abuse its discretion when […]

Feb 12, 2020

Employment: Race Discrimination-Federal Question Jurisdiction-Preemption

Where a ground freight employee sued his former employer for race discrimination, and the district court found that the suit invoked federal question jurisdiction under the Labor Management Relations Act, the court properly found that complete preemption under the LMRA supplied federal question jurisdiction, so the judgment is affirmed. Judgment is affirmed. Johnson v. Humphreys […]

Sep 18, 2019

Employment: Race Discrimination-Lack of Official Liability-Municipal Liability

Defendant appealed from the jury verdict entered against it in favor of plaintiff in his race-discrimination claim. Plaintiff was hired by defendant as the city collector; the mayor ultimately terminated plaintiff for “unsatisfactory work performance.” On appeal, defendant argued that once the jury judged the mayor not liable, there was no basis to find defendant […]

Sep 5, 2019

Employment: Unlawful Termination-Race Discrimination-Burden-Shifting Framework

Plaintiff, an African American, alleged that defendant fired him because of his race. The district court granted summary judgment to defendant, finding that defendant had articulated a legitimate, non-discriminatory reason for plaintiff’s termination. Where plaintiff had failed to identify any co-workers who were similarly situated to plaintiff, plaintiff could not demonstrate pretext in defenda[...]

Aug 13, 2019

Employment Law: Right-To-Sue Letter-Race Discrimination-Second Charge

Where an employer challenged the state’s acceptance of a second charge of discrimination from a former employee, the judgment is affirmed because the second charge did not relate to the same practice or act described in the first charge, and the Missouri Commission on Human Rights acted within its statutory authority by issuing a right-to-sue […]

Aug 13, 2019

Employment Law: Race Discrimination-Failure to Hire-Qualifications for Position

Plaintiff filed suit against the Department of the Army, alleging race discrimination in its failure to hire him to a temporary or permanent position as a chemical-equipment repairer. The district court granted the Secretary of the Army summary judgment over plaintiff’s argument that the fact that he was more qualified than some of the white […]

Apr 1, 2019

Employment Law: Race Discrimination-Failure to Promote

  Where plaintiff brought a race-discrimination action based on a failure to promote against her employer, summary judgment for the defendant is affirmed because the defendant articulated a legitimate, non-discriminatory reason for selecting another candidate, and the plaintiff did not show that the reason was a pretext for discrimination. Judgment is affirmed. Nelson v. USAble […]

Feb 18, 2019

Employment Law: Race Discrimination-Expert Witness-Attorneys’ Fees

Where a city challenged a judgment against it in a race-discrimination case brought against it by a former employee, the trial court did not err in denying the city’s motion for a directed verdict on the claim that the plaintiff’s administrative complaint was not timely filed and in the admission and exclusion of certain expert […]

Jan 4, 2019

Employer – Employee: Race Discrimination-MHRA Amendment-Contributing Factor

Where a white woman employed as a retail sales consultant claimed she was discriminated against by her African American supervisors, the trial court erred in applying the 2017 amendments to the Missouri Human Rights Act retroactively to her claims since they accrued prior to the effective date of the amendments, so the contributing factor standard […]

Sep 13, 2018

Employer-Employee : Race Discrimination –  Disparate Impact –  Discovery

Williams v. Wells Fargo Bank (MLW No. 72082/Case No. 16-4372 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)

May 9, 2018

Employer – Employee : Race Discrimination –  Admission Of Evidence –  Business Records Exception

Parker v. Arkansas Department of Corrections (MLW No. 71619/Case No. 17-1380 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Jul 25, 2017

Employer – Employee :Race Discrimination – Retaliation

Bunch v. University of Arkansas Board of Trustees (MLW No. 70793/Case No. 16-2538 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)

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