United States Eighth Circuit

In an action alleging race discrimination under Title VII and 42 U.S.C. section 1981, age discrimination under the Age Discrimination and Employment Act (ADEA), and a racially hostile work environment under section 1981, summary judgment for defendant is affirmed where: 1) plaintiff offered little more than speculation and conjecture that fellow employees' name calling and ridicule had anything to do with race; 2) plaintiff could not show defendant's reason for terminating him as a driver -- his unsafe record as a whole -- was pretextual; and 3) defendant did not contest that an older driver took over his route upon his termination.

Appellate Information

• Decided 05/26/2010
• Published 05/26/2010

Judges

• MELLOY, Circuit Judge., Before RILEY, Chief Judge,WOLLMAN and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David Andrew Lunceford, of Lee Summit, MO, for appellant., Gail S. Coleman, Washington, D.C., for Amicus appellant.


• For Appellees:
  
• Geoffrey M. Gilbert, Jr., of St. Louis, MO, James N. Foster, Jr., of St. Louis, MO and Daniel G. Fritz, of St. Louis, MO, for appellee.