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United States Eighth Circuit


Franklin v. Local 2 of the Sheet Metal Workers Int'l Ass'n, 08-2707

In an employment discrimination action, district court judgment is affirmed in part and reversed in part where: 1) the court properly denied relief on the disparate impact claim as plaintiff's evidence was insufficient to make a prima facie case of disparate impact; and 2) the court erred in granting defendants summary judgment on plaintiff's retaliation claim as there was a genuine question of material fact as to whether defendants' proffered explanations for its actions were pretextual.

Appellate Information

  • Decided 05/13/2009
  • Published 05/13/2009

Judges

  • RILEY, Circuit Judge., Before RILEY, SMITH, and SHEPHERD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Joseph M. Drayton, argued, New York, NY, Arthur Benson, Jamie Kathryn Lansford, Kansas City, MO, on the brief, for appellant.

  • For Appellees:
  • Donald R. Aubry, argued, William A. Jolley, on the brief, Kansas City, MO, for appellee.
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