United States Eighth Circuit

Summary judgment to an employer on claim of age and disability discrimination by an employee terminated for absenteeism is affirmed where the employee did not establish a prima facie case of discrimination, there was no direct evidence of discrimination by a decisionmaker, and plaintiff's absences were well beyond the level of non-attendance which would amount to an inability to perform his job.

Appellate Information

• Decided 04/14/2006
• Published 04/14/2006

Judges

• COLLOTON, Circuit Judge., Before MELLOY, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Philip C. Graham of St. Louis, MO.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Mark G. Arnold of St. Louis, MO. David L. Schenberg of St. Louis appeared on the brief.