United States Eighth Circuit

In an adverse employment action brought under the ADA, district court's grant of summary judgment in favor of defendant is reversed where: 1) plaintiff produced enough evidence to create a triable question of fact on the issue of whether defendant's stated reasons for his discharge were a pretext for discrimination based on disability; and 2) plaintiff produced sufficient evidence to create a triable question of fact as to whether two denials of his applications for re-employment were based on pretext.

Appellate Information

• Decided 03/13/2009
• Published 03/13/2009

Judges

• MELLOY, Circuit Judge., Before RILEY, JOHN R. GIBSON, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Douglas Joseph Peterson, argued, Lincoln, NE, for appellant.


• For Appellees:
  
• Robert F. Rossiter, Jr., argued, Sherman P. Willis, on the brief, Omaha, NE, for appellee.