No constructive discharge where employee did not give employer a reasonable chance to prevent or correct the alleged harassment. of Arkansas Board of Trustees, 863 F.3d 1062, 130 FEP 495 (8th Cir. Other alleged adverse actions that supposedly were circumstantial evidence of bias were reversed as soon as plaintiff mentioned them to the employer. Absent evidence other than alleged temporal proximity, plaintiff failed to make out prima facie case of causation.
Panel: MURPHY, Montgomery [KELLY, dissenting in part].
It also reverses the district court's categorical denial of Westlaw expenses, holding that "if the prevailing party demonstrates that separately billing for [Westlaw] is the 'prevailing practice in a given community' and that such fees are reasonable, the district court may award those costs."Liles v.
Despite one race-related comment, no evidence that race motivated poor working conditions.3. Challenges to release are not ripe as employer has not asserted validity of releases.., 853 F.3d 447, 33 A.
No genuine dispute about pretext where white comparables "were hired from competitors," had prior experience in similar role, and otherwise "differed from Stone as to circumstances of his hire, prior experience, cost of living, and territory assigned." 2. Disposition Below: Motion to compel arbitration denied [plaintiff]. Grounds: Issue on declaratory judgment action whether OWBPA releases are enforceable is arbitrable, despite language in statute that "the party asserting the validity of a waiver shall have the burden of proving in a court of competent jurisdiction that a waiver was knowing and voluntary." Also, § 216(b) creates no right to collective action in court.
Even if no such openings were available during accommodation process, court follows EEOC guidance, 29 C. Because such evidence (also known as "me-too") "should normally be freely admitted at trial" because it makes the pay decisions more likely to be intentional.