DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
031878P.pdf 12/01/2003 John C. Shaver v. Independence Stave
U.S. Court of Appeals Case No: 03-1878
Eastern District of Missouri
Civil case - employment law. Court holds claim for a hostile work
environment is actionable under the Americans with Disabilities Act; in
determining whether such a claim has been established, the court would
look to standards developed elsewhere in anti-discrimination law and
then adapt them to the unique requirements of the ADA; plaintiff
established he was a member of the protected class, that he was subject to
unwelcome harassment, and that the harassment resulted from his
membership in the protected class; however, the verbal harassment and
name-calling plaintiff was subjected to did not rise to an actionable level;
evidence plaintiff introduced concerning his supervisor's actions in
providing bad references, while manufactured, was sufficient to raise a
triable issue of retaliation.