152283P.pdf   06/09/2016  Keith Jones  v.  City of St. Louis, Missouri
   U.S. Court of Appeals Case No:  15-2283
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Wollman, Author, with Melloy and Colloton, Circuit Judges] 
   Civil case - Employment discrimination. For the court's prior opinion in 
   the matter, see Jones v. City of St. Louis, Mo. 555 F. App'x 641 (8th Cir. 
   2014). With respect to Jones' claim that the city discriminated against 
   him when it sought to discharge him and reprimand him for an 
   emergency-call response and by refusing to accept his release to work, 
   thereby causing him emotional distress resulting in depletion of his sick 
   leave, the depletion of his sick leave did not constitute an adverse 
   employment action and he failed to make a prima facie case of racial 
   discrimination; with respect to his claim of race discrimination in 
   performance evaluations, Jones failed to make a prima facie case because 
   the white employees to which he compared his situation were not 
   similarly-situated; Jones failed to file an EEOC complaint regarding the 
   city's requirement that he undergo a fitness exam, and the district court 
   properly dismissed the claim.