221554P.pdf   12/13/2022  Margaret Corkrean  v.  Drake University
   U.S. Court of Appeals Case No:  22-1554
   U.S. District Court for the Southern District of Iowa - Central   
   [PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Benton, 
   Circuit Judge] 
   Civil case - Employment discrimination. With respect to plaintiff's FMLA 
   retaliation and discrimination claims, assuming without deciding that 
   plaintiff made a prima facie case, the University established a robust, 
   well-documented set of legitimate performance-related reasons for 
   plaintiff's discharge, and she has failed to show that these legitimate 
   non-discriminatory and non-retaliatory reasons were pretextual; while 
   deviations from employment policies can create a material fact question on 
   the issue of pretext, Drake's deviations from its policies were technical 
   and slight and did not support a finding of pretext; assuming that 
   plaintiff can establish a prima facie case of retaliation under either the 
   ADA or the Iowa Civil Rights Act, her claims fail on the same pretextual 
   hurdle described above.