Heisler v. Nationwide Mutual Insurance Co.

931 F.3d 786 (2019) United States Court of Appeals for the Eighth Circuit 2019-07-30

appeal from summary judgment for employer (result: claimant-lost)

Facts

  1. 4 Judicial but-for standard for age-based treatment not no-evidence
    But there is evidence of awkward interviews and some unsavvy conduct, which is at least an arguable basis for Nationwide's purported motives.
  2. 4 Judicial but-for standard for age-based treatment not no-evidence
    She needed to use the qualifications comparison evidence to prove pretext, and she did not introduce enough evidence to meet her burden in that way.
  3. 4 Judicial but-for standard for age-based treatment not no-evidence
    Accordingly, we affirm the district court's judgment that Heisler failed to meet her burden of production to show pretext.