United States Eighth Circuit

Summary judgment against plaintiff's hostile work environment claims is affirmed where sporadic racial slurs did not constitute the kind of severe or pervasive harassment needed to show hostile work environment; however, plaintiff's retaliation claim under 42 U.S.C. section 1981 is allowed to proceed to a jury, as enough circumstantial evidence was produced.

Appellate Information

• Decided 08/04/2004
• Published 08/04/2004

Judges

• FAGG, Circuit Judge., Before LOKEN, Chief Judge, RICHARD S. ARNOLD and FAGG, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas Newkirk, argued, Johnston, Iowa, for appellant.


• For Appellees:
  
• Michael R. Reck, Des Moines, argued, Iowa (Holly M. Logan, Des Moines, Iowa on the brief), for appellee.