 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
GREEN v. CITY OF DES MOINES9/13/2000
The plaintiff-appellant, Leo Green, appeals the district court's grant of summary judgment in his employment discrimination and breach of contract action. He claims the court erred in granting defendant-appellee, City of Des Moines's motion for summary judgment because there are disputed material facts, and the fact finder should determine whether (1) he was discriminated against on the basis of his age or race, (2) Des Moines' stated reasons for its conduct were pretextual, and (3) Des Moines breached its severance pay contract.
Background.
Leo Green is an African-American male born in 1938. He began working at the Des Moines public housing authority's learning center in 1993. The center was closed in June 1995, and Green's position was eliminated. Green sought and received a position as a social worker with the City of Des Moines. The parties dispute whether this was a temporary placement. In October of 1995, the position of social worker was advertised. Green, and 49 others applied for the position. The city eventually offered the job to a younger, more-qualified Caucasian woman, who was not a current city employee. She declined the offer. The City never filled the position and the position was eliminated. Green was terminated and received $2000 in severance pay. The parties dispute whether he was eligible for $5000 in severance pay. The city offered Green a position as a case manager, but he refused the offer, claiming the supervisor of that department created a hostile work environment for him. Green filed suit, claiming the city violated both state and federal law by discriminating against him on the basis of his age and race, it breached its collective bargaining agreement by not giving him $5000 in severance pay, not giving him a permanent position as a social worker and paying him accordingly, and not treating him as a permanent employee.
District court proceedings.
The City filed a motion for summary judgment. The court granted the motion, dismissing Green's suit in its entirety. The court determined Green failed to establish a prima facie case of race or age discrimination. It found that even if he had made a prima facie case, he did not point to any evidence suggesting the city's explanations for its employment decisions were merely a pretext for discrimination. It determined his contract claims based on the collective bargaining agreement and the severance pay program were meritless. Green filed an unsuccessful combined Iowa Rules of Civil Procedure 179(b) and 242 motion.
Scope of review.
Our task on appeal is not to weigh evidence but to determine whether a genuine issue of material fact exists and whether the district court correctly applied the law. Junkins v. Branstad, 421 N.W.2d 130, 132 (Iowa 1988). The district court does not weigh the evidence, but rather it considers whether a reasonable jury, when faced with the evidence presented, could return a verdict for the nonmoving party. Bitner v. Ottumwa Comm. School Dist., 549 N.W.2d 295, 300 (Iowa 1996). We are obliged to review the record in the light most favorable to the party resisting summary judgment. Junkins, 421 N.W.2d at 132-33. Our analysis of civil rights cases is guided by federal law. Wing v. Iowa Lutheran Hosp., 426 N.W.2d 175, 179 (Iowa App. 1988). To survive a motion for summary judgment, a plaintiff must establish a prima facie case of discrimination. McDonnell-Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668, 677 (1973).
The resister, however, "may not rest upon the mere allegations or denials of his pleading. Iowa R. Civ. P. 237(e). The supreme court has said:
The resistance must set forth spe
Page 1 2 3 Iowa Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|