United States Eighth Circuit

In a Title VII action against a fire department claiming that defendant refused to hire plaintiffs for national origin and gender reasons, summary judgment for defendant is affirmed in part where, because plaintiff alleged he was discriminated against based on his national origin, not race, he could not sustain a 42 U.S.C. section 1981 claim. However, the judgment is reversed in part where plaintiffs created the requisite inference of unlawful discrimination under a McDonnell Douglas analysis, including sufficient evidence of pretext.

Appellate Information

• Decided 05/21/2010
• Published 05/21/2010

Judges

• SMITH, Circuit Judge., Before MURPHY, SMITH, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel