Summary
The Eighth Circuit affirmed summary judgment for Anixter on USERRA discrimination and retaliation claims, holding that McConnell failed to show his military status was a "motivating factor" in his termination. The court found that ambiguous comments about his service, the four-year gap between his military retirement and hiring, and his admitted temperament issues undermined any inference of unlawful motive. Additionally, alleged adverse actions such as ridicule, a written warning, a manual labor order, and denial of a service dog were not materially adverse under USERRA.
Holdings
- Summary judgment was appropriate because McConnell failed to show a genuine dispute of material fact that his military status was a motivating factor in Anixter's decision to fire him.
Questions Presented
- Whether McConnell demonstrated a genuine dispute of material fact that his military status was a motivating factor in Anixter's decision to fire him.
Disposition
affirmed
Cases Cited (7)
- DeLuna v. Mower Cty., 936 F.3d 711 (8th Cir. 2019)(cited)
- Zayed v. Associated Bank, N.A., 913 F.3d 709 (8th Cir. 2019)(cited)
- Crossley v. Ga.-Pac. Corp., 355 F.3d 1112 (8th Cir. 2004)(cited)
- Lisdahl v. Mayo Found., 633 F.3d 712 (8th Cir. 2011)(cited)
- Broderick v. Donaldson, 437 F.3d 1226 (D.C. Cir. 2006)(cited)
- Dick v. Dickinson State Univ., 826 F.3d 1054 (8th Cir. 2016)(cited)
- Rademacher v. HBE Corp., 645 F.3d 1005 (8th Cir. 2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…