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Jerry Yeager v. City Water and Light Plant of Jonesboro, Arkansas

Citations: 454 F.3d 932; 2006 U.S. App. LEXIS 16454; 88 Empl. Prac. Dec. (CCH) 42,436; 98 Fair Empl. Prac. Cas. (BNA) 545; 2005 WL 4147193Docket: 05-2455

Court: Court of Appeals for the Eighth Circuit; June 30, 2006; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellant challenged the district court's grant of summary judgment, which favored the City Water and Light Plant of Jonesboro, Arkansas, following his resignation due to allegations of sexual harassment against a co-worker. The appellant claimed reverse gender discrimination, arguing that his female co-worker was not disciplined for similar conduct. The court examined whether the appellant and co-worker were similarly situated, a necessary component for establishing discrimination. The appellant admitted to the conduct that led to a complaint, whereas his co-worker denied the allegations against her, which only surfaced post-termination. The court emphasized that an employer can legitimately differentiate between conduct that provokes a complaint and conduct that does not, thus concluding that the appellant and his co-worker were not similarly situated. Consequently, the court affirmed the summary judgment, as the appellant failed to establish a prima facie case of discrimination, rendering the appellee's motion to strike moot.

Legal Issues Addressed

Employer's Distinction Between Complained and Tolerated Conduct

Application: The court held that an employer can reasonably differentiate between conduct that results in a complaint and conduct that does not, affecting the determination of whether employees are similarly situated.

Reasoning: The court noted that an employer can reasonably distinguish between conduct that elicits a complaint and conduct that is tolerated without complaint.

Reverse Gender Discrimination in Employment

Application: The court evaluated claims of reverse gender discrimination by examining whether the employees involved were similarly situated in terms of their conduct and the employer's response.

Reasoning: Yeager argued that he faced reverse gender discrimination, claiming that Schwartz engaged in similar misconduct without facing disciplinary action.

Similarly Situated Employees in Discrimination Cases

Application: The court determined that the appellant did not meet the burden of proving that he and his co-worker were similarly situated, as the appellant admitted to misconduct leading to a complaint, whereas the co-worker denied allegations raised post-termination.

Reasoning: The court found that Yeager did not establish that he and Schwartz were similarly situated. Yeager admitted to the misconduct which led to a complaint from Schwartz, while Schwartz denied allegations raised only after Yeager's termination.

Summary Judgment in Discrimination Claims

Application: The court affirmed the grant of summary judgment in favor of the employer, finding no genuine issue of material fact regarding the discrimination claim.

Reasoning: The district court's judgment was affirmed, and the appellee's motion to strike was deemed moot.