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.