133645P.pdf   10/14/2015  Melvin Smith  v.  URS Corporation
   U.S. Court of Appeals Case No:  13-3645
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Melloy, Author, with Benton and Shepherd, Circuit Judges] 
   Civil case - Employment discrimination. In a Section 1981 disparate 
   treatment action based on allegedly discriminatory pay differentials 
   between plaintiff and a white co-worker, the district court erred in 
   granting the employer's motion for summary judgment as the evidence, taken 
   in the light most favorable to plaintiff, shows the employer hired the 
   white employee at a higher classification and pay even though there were 
   no meaningful distinctions in their qualifications or the work they 
   performed; the district court did not discuss the elements of plaintiff's 
   separate retaliation claim, and the denial of the claim is reversed so the 
   district court can develop the record on the claim and address in the 
   first instance the elements of the claim. Judge Shepherd, dissenting.