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]