United States Eighth Circuit

In a Title VII action against an employer alleging claims of racial discrimination and retaliation, judgment for employer is affirmed where: 1) the employer offered legitimate, non-discriminatory reasons behind its hiring and promoting decisions, and plaintiff failed to establish they were pretextual; and 2) plaintiff could not claim that her failure to be promoted was evidence of retaliation, as she chose not to apply for the position at issue.

Appellate Information

• Decided 05/07/2008
• Published 05/07/2008

Judges

• SMITH, Circuit Judge., Before WOLLMAN, BRIGHT, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Matthew Colangelo, argued, New York, NY, Norman J. Chachkin, New York, NY, and Ralph M. Washington, on the brief, Little Rock, AR, for appellant.


• For Appellees:
  
• Walter Paul Blume, argued, Little Rock, AR, for appellee.