Kevin Pennington v. AR Game & Fish Commission ( 2018 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 17-2338
    ___________________________
    Kevin Pennington
    lllllllllllllllllllll Plaintiff - Appellant
    v.
    Arkansas Game & Fish Commission, originally named as Arkansas Game and Fish
    lllllllllllllllllllll Defendant - Appellee
    ____________
    Appeal from United States District Court
    for the Eastern District of Arkansas - Little Rock
    ____________
    Submitted: March 1, 2018
    Filed: March 9, 2018
    [Unpublished]
    ____________
    Before GRUENDER, MURPHY, and SHEPHERD, Circuit Judges.
    ____________
    PER CURIAM.
    Kevin Pennington appeals the district court’s1 adverse grant of summary
    judgment in his employment-discrimination action against his former employer, the
    1
    The Honorable Susan Webber Wright, United States District Judge for the
    Eastern District of Arkansas.
    Arkansas Game and Fish Commission, in which he asserted claims of failure to
    promote, as well as discriminatory and retaliatory termination. Upon careful de novo
    review, we conclude that summary judgment was proper. See Gibson v. Am.
    Greetings Corp., 
    670 F.3d 844
    , 852-54 (8th Cir. 2012) (standard of review; in absence
    of direct evidence of discrimination, Title VII claims are analyzed under burden-
    shifting framework: if plaintiff establishes prima facie case, defendant may rebut by
    articulating legitimate nondiscriminatory reason for adverse employment action; in
    response, plaintiff must prove reason was pretextual); Twymon v. Wells Fargo & Co.,
    
    462 F.3d 925
    , 935 (8th Cir. 2006) (to prove pretext, plaintiff must both discredit
    asserted reason for adverse employment action and show that circumstances permit
    reasonable inference that real reason for adverse action was unlawful discrimination).
    Accordingly, we affirm the judgment. See 8th Cir. R. 47B.
    ______________________________
    -2-
    

Document Info

Docket Number: 17-2338

Judges: Gruender, Murphy, Per Curiam, Shepherd

Filed Date: 3/9/2018

Precedential Status: Non-Precedential

Modified Date: 9/27/2023