Heisler v. Nationwide Mutual Insurance Co. — 931 F.3d 786 (2019) · United States Court of Appeals for the Eighth Circuit · 2019

United States Court of Appeals for the Eighth Circuit · 2019-07-30

29usc623: author: Astra4 · not independently reviewed

Original case on neochart.com

Case and law context

29 U.S.C. §§ 621–634

Role: applied; posture: appeal from summary judgment for employer; result: claimant-lost; claim:

Uncertainty

None recorded

Misfit

The opinion addresses sex, age, state-law and retaliation theories together. This selected block preserves the ADEA evidentiary failure without importing Title VII mixed-motive reasoning.

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 31

29 U.S.C. §§ 621–634
CaseEmployer coverage and exclusionsAge forty or olderHiring discharge or employment termsJudicial but-for standard for age-based treatmentRoute-conditioned statutory f(1) and f(2) alternativesConditional state firefighter and law-enforcement hiring or retirement
Heisler v. Nationwide Mutual Insurance Co. — 931 F.3d 786 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 7–12 of 31

29 U.S.C. §§ 621–634
CaseAge sixty-five executive or high-policymaker compulsory retirementJudicial impact requirement to identify a particular practiceJudicial impact requirement of significant causal disparityCovered employment agencyCovered labor organizationOpposition or participation
Heisler v. Nationwide Mutual Insurance Co. — 931 F.3d 786 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 13–18 of 31

29 U.S.C. §§ 621–634
CaseJudicial material-adversity standard for retaliationRetaliatory causal connectionAgency referral discriminationMembership classification referral or causing discriminationEmployer agency or union advertiserAge-based notice or advertisement
Heisler v. Nationwide Mutual Insurance Co. — 931 F.3d 786 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 19–24 of 31

29 U.S.C. §§ 621–634
CaseWage reduction to complyEmployer agency union or combination maintaining a pension planEstablish or maintain an employee pension benefit planAge-based accrual or allocation cessation or reductionSubsection i pension qualifications and complianceConditional bona fide seniority system or benefit plan
Heisler v. Nationwide Mutual Insurance Co. — 931 F.3d 786 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 25–30 of 31

29 U.S.C. §§ 621–634
CaseNarrow bona fide occupational qualificationDisplayed scope and specialized exclusionsCharge filing waiver and remediesForeign workplace conflict with local lawGood cause for employer discharge or disciplineJudicial outside-applicant coverage limit where circuit precedent controls
Heisler v. Nationwide Mutual Insurance Co. — 931 F.3d 786 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 31–31 of 31

29 U.S.C. §§ 621–634
CaseReasonable factors other than age
Heisler v. Nationwide Mutual Insurance Co. — 931 F.3d 786 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (29usc623: author: Astra4 · not independently reviewed)· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
Heisler v. Nationwide Mutual Insurance Co. — 931 F.3d 786 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — not · no-evidence (29usc623: author: Astra4 · not independently reviewed)Judicial but-for standard for age-based treatmentnot
Counted merits instance
applied / merits

basis: no-evidence

The court applies the ADEA but-for requirement and finds insufficient pretext evidence. This annotation is the ADEA component; Title VII/state-law components are not treated as identical legal standards.
pretext/inadequate-qualification-comparison
But there is evidence of awkward interviews and some unsavvy conduct, which is at least an arguable basis for Nationwide's purported motives.
Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/0786-01; Unicode character offsets [29089:29230] (end exclusive); SHA-256 bd7d6abcc578d40db50a1a656b87abe9556b06a3f8b2abc86266be2f2a7da446.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/0786-01; Unicode character offsets [29231:29379] (end exclusive); SHA-256 bd7d6abcc578d40db50a1a656b87abe9556b06a3f8b2abc86266be2f2a7da446.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Accordingly, we affirm the district court's judgment that Heisler failed to meet her burden of production to show pretext.
Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/0786-01; Unicode character offsets [29380:29502] (end exclusive); SHA-256 bd7d6abcc578d40db50a1a656b87abe9556b06a3f8b2abc86266be2f2a7da446.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case