101665P.pdf   03/31/2011  Charity Wierman  v.  Casey's General Stores
   U.S. Court of Appeals Case No:  10-1665
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Benton, Author, with Chief Judge Riley and Beam, Circuit Judges]
   Civil Case - employment discrimination. Employee's evidence neither 
   undermines nor permits a reasonable inference that employer's legitimate 
   rationale for termination was a pretext for pregnancy discrimination. 
   Employee also failed to show other employees were not subjected to
   the same level of investigation for similar conduct. Grant of summary
   judgment on Title VII claim is affirmed. As for the FMLA retaliation claim, 
   employee provided sufficient evidence of her FMLA claim and established a 
   causal connection between her protected activity and termination to make out 
   a prima facie case, but failed to establish employer's proffered non-
   retaliatory reasons was pretextual. District court erred in failing to
   separately analyze Missouri Human Rights Act claim and whether the pregnancy 
   was a contributing factor in her termination. Jurisdiction over this state 
   law claim is proper under diversity jurisdiction and the claim is
   remanded for trial.