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United States Eighth Circuit


Burkhart v. Am. Railcar Indus., Inc., 09-2077

In a sexual harassment and retaliation action, summary judgment for defendant-employer is affirmed where: 1) plaintiff's harassment claims were untimely because all of the actions about which plaintiff complained that occurred within 180 days of her filing were alleged to have been retaliation for complaining to the human resources manager, not harassment based on sex; and 2) even if plaintiff could establish a prima facie retaliation case, no reasonable factfinder could conclude that defendant's proffered reason for firing her was pretextual as required in the McDonnell Douglas framework.

Appellate Information

  • Decided 05/10/2010
  • Published 05/10/2010

Judges

  • MURPHY, Circuit Judge., Before WOLLMAN, MURPHY, and SHEPHERD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Brandon W. Lacy, argued, Jonesboro, AR (Tony L. Wilcox, on the brief), for appellant.

  • For Appellees:
  • Robert F. Thompson, III, argued, Paragould, AR, for appellee.
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