Elawyers Elawyers
Ohio| Change

Edward O. Weed v. William Henderson, 99-3664 (2000)

Court: Court of Appeals for the Eighth Circuit Number: 99-3664 Visitors: 21
Filed: Apr. 24, 2000
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-3664 _ Edward O. Weed, * * Appellant, * Appeal from the United States * District Court for the v. * Southern District of Iowa. * William J. Henderson, * [UNPUBLISHED] Postmaster General, * * Appellee. * _ Submitted: April 13, 2000 Filed: April 24, 2000 _ Before BOWMAN, MAGILL, and HANSEN, Circuit Judges. _ PER CURIAM. Edward O. Weed appeals from the rulings of the District Court1 granting the motions for summary judgment filed on beh
More
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-3664 ___________ Edward O. Weed, * * Appellant, * Appeal from the United States * District Court for the v. * Southern District of Iowa. * William J. Henderson, * [UNPUBLISHED] Postmaster General, * * Appellee. * ___________ Submitted: April 13, 2000 Filed: April 24, 2000 ___________ Before BOWMAN, MAGILL, and HANSEN, Circuit Judges. ___________ PER CURIAM. Edward O. Weed appeals from the rulings of the District Court1 granting the motions for summary judgment filed on behalf of his employer, the United States Postal Service, on Weed's claims of sex discrimination and of violations of the Family Medical Leave Act ("FMLA"). For reversal, Weed argues that he presented sufficient evidence to create genuine issues of material fact with respect to both of his claims. 1 The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa. Having considered the case, we conclude that the District Court did not err by granting summary judgment. We agree with the District Court that Weed's claims fail as a matter of law. The postal service says it separated Weed from employment because of his poor attendance record. Though Weed argues that he was treated more harshly than female employees with attendance records similar to his, the evidence shows conclusively that the females to whom he refers had far superior attendance records. Weed thus cannot establish that he is similarly situated to the females in question. Weed's claim of FMLA discrimination necessarily fails inasmuch as he has not offered any medical evidence of a serious health condition in connection with any of the instances for which he claimed FMLA leave. The decision of the District Court is AFFIRMED. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer