Bank Discharge of Employee Upheld
by Gerard Panaro, BOL Guru
The Eighth Circuit affirmed summary judgment in favor of U.S. Bank in the plaintiff's race discrimination case under both federal and Missouri law (Missouri Human Rights Act) in Rodgers v. U.S. Bank, N.A., 2005 WL 1844477. Although the court found that the plaintiff (an African-American) was subject to disparate treatment, it nonetheless accepted the bank's reason for terminating the employee as legitimate.
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The employee was discharged after violating U.S. Bank's policy prohibiting employees from processing bank transactions on their own accounts. Despite finding that the plaintiff was treated less favorably than a white employee who violated the same policy, the court nonetheless upheld the bank's action. (To prove disparate treatment under Title VII of the Civil Rights Act of 1964, the plaintiff has to show that a similarly-situated employee who was not member of the protected group was treated more favorably than the plaintiff. The plaintiff must show that s/he and the person to whom s/he is comparing him/herself were involved in or accused of the same or similar conduct and were disciplined in different ways.)
The reason why the Eighth Circuit ultimately accepted the bank's reason for dismissing the employee - violation of policy against self-transactions - was that it found there really was no disparate treatment: although the white employee who violated the same policy was not discharged, the plaintiff's violations were more serious, frequent, and suspicious, so that the white employee was not "similarly-situated." Further, the bank had thoroughly investigated the plaintiff's violations before discharging her.
First published on BankersOnline.com 08/15/05
About the Author:
Gerard P. Panaro has more than 25 years' experience in employment law and is available to assist readers on an individual basis. You may reach him at 202-861-1314. Mr. Panaro is of counsel with Howe & Hutton, in the Washington, DC office.
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The Eighth Circuit affirmed summary judgment in favor of U.S. Bank in the plaintiff's race discrimination case under both federal and Missouri law (Missouri Human Rights Act) in Rodgers v. U.S. Bank, N.A., 2005 WL 1844477. Although the court found that the plaintiff (an African-American) was subject to disparate treatment, it nonetheless accepted the bank's reason for terminating the employee as legitimate.