David McConnell v. Anixter, Inc.

United States Court of Appeals for the Eighth Circuit · December 13, 2019 · No. 18-3230

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

  1. 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

  1. 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.

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