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.

033888P.pdf   02/24/2005  Robert Eliserio  v.  United Steelworkers
   U.S. Court of Appeals Case No:  03-3888
                          and No:  03-3950
   Southern District of Iowa   
Civil case - labor law. District court erred in granting union summary judgment on plaintiff's claims for hostile work environment and retaliation; a reasonable jury could find that union-issued stickers were intended to be associated with derogatory graffiti directed at plaintiff and served as a broad endorsement of the graffiti, including its discriminatory elements; plaintiff also introduced evidence from which a reasonable jury could find the union actively supported the allegedly hostile work environment; plaintiff made a prima facie case of retaliation and provided sufficient evidence that the nondiscriminatory reason provided for his demotion was a pretext; case remanded for further proceedings. [PUBLISHED] [Gruender, Author, with Bye and Beam, Circuit Judges]