No. 25-239

Tonya C. Huber v. Westar Foods, Inc.

Lower Court: Eighth Circuit
Docketed: 2025-08-29
Status: Denied
Type: Paid
Experienced Counsel
Tags: burden-shifting employment-discrimination mcdonnell-douglas prima-facie-case retaliatory-intent summary-judgment
Key Terms:
SocialSecurity EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2025-12-05
Question Presented (AI Summary)

Whether a plaintiff alleging employment discrimination must establish a prima facie case and pretext under the McDonnell Douglas framework when seeking to demonstrate retaliatory intent in a summary judgment motion

Question Presented (OCR Extract)

1. In an employment action in which the plaintiff alleges the defendant engaged in unlawful intentional discrimination or retaliation, if the defendant moves for summary judgment, is a plaintiff who lacks “direct evidence” of retaliatory intent required “to establish retaliatory intent ... through the three-part McDonnell Douglas burden shifting framework,” including establishing a prima facie case and demonstrating that the defendant’s proffered explanation was a pretext? 2. Under the McDonnell Douglas burden shifting framework, if the defendant seeking summary judgment has articulated its claimed legitimate reason for the disputed employment action, is the plaintiff nonetheless still required to establish a prima facie case of unlawful motive? ii PARTIES The parties are Tonya C. Huber and Westar Foods, Inc.

Docket Entries

2025-12-08
Petition DENIED.
2025-11-12
DISTRIBUTED for Conference of 12/5/2025.
2025-11-12
2025-11-12
Reply of petitioner Tonya C. Huber filed. (Distributed)
2025-10-29
Brief of Westar Foods, Inc. in opposition submitted.
2025-10-29
Brief of respondent Westar Foods, Inc. in opposition filed.
2025-09-11
Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2025.
2025-09-09
Motion of Westar Foods, Inc. for an extension of time submitted.
2025-09-09
Motion to extend the time to file a response from September 29, 2025 to October 29, 2025, submitted to The Clerk.
2025-08-27
Petition for a writ of certiorari filed. (Response due September 29, 2025)

Attorneys

Tonya Huber
Eric SchnapperUniv. of Washington School of Law, Petitioner
Eric SchnapperUniv. of Washington School of Law, Petitioner
Westar Foods, Inc.
Marcia Ann WashkuhnKutak Rock LLP, Respondent
Marcia Ann WashkuhnKutak Rock LLP, Respondent