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.
042460P.pdf 08/31/2005 Randy Gilooly v. MO Dept of Health &
U.S. Court of Appeals Case No: 04-2460
Eastern District of Missouri
[PUBLISHED] [Melloy, Author, with Smith and Colloton, Circuit
Judges]
Civil case - employment discrimination. The district court did not err in
granting the employer's motion for summary judgment on plaintiff's
claim of hostile work environment as there was no evidence of conduct
rising to the level of severe or pervasive harassment; with respect to his
claim of disparate treatment, plaintiff failed to show that other employees
outside the protected group were treated more favorably and were
similarly situated in all relevant respects; plaintiff presented insufficient
evidence of causation to establish his claim that his suspension was in
retaliation for his filing a claim of sexual harassment; however, plaintiff
did present sufficient evidence to avoid summary judgment on the claim
that his termination was in retaliation for reporting sexual harassment,
and the case is remanded for further proceedings on this claim. Judge
Colloton, concurring in part and dissenting in part.