At page 1152 Reviewing summary judgment on age discrimination claims39 citing cases“an age discrimination plaintiff may survive the defendant's motion for summary judgment either by setting out direct evidence of discrimination or by creating an inference of discrimination under the mcdonnell douglas burden-shifting framework.”
- McKee, No. 4:25-cv-00737 (W.D. Mo. May 12, 2026).Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citing Chambers v. Metro.
- Mears v. Tyson Poultry, Inc., No. 2:24-cv-02043 (W.D. Ark. June 18, 2025). Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citation omitted).
- Feimster v. Westinghouse Air Brake Tech. Corp., No. 4:23-cv-00446 (E.D. Ark. Feb. 19, 2025).(determining in ADEA claim that comment made four months prior to plaintiff’s termination by sales vice president to persons not involved in the decisional process that he intended to hire “young studs” to replace older…)
- Bowman v. 3M Co., No. 5:23-cv-05121 (W.D. Ark. Jan. 22, 2025). Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citation omitted).
- Walker v. Washington Reg'l Med. Ctr., No. 5:23-cv-05126 (W.D. Ark. Jan. 10, 2025). Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citation omitted).
- Campbell v. Modern Mod, Inc., No. 3:23-cv-05049 (W.D. Mo. Apr. 2, 2024).Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (quoting 29 U.S.C. § 623 (a)(1)).
- Deborah Lightner v. Catalent CTS (Kansas City), 89 F.4th 648 (8th Cir. 2023).publishedJohnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007).
- Stanbury v. Sioux City Cmty. Sch. Dist., 986 N.W.2d 867 (Iowa Ct. App. 2022).publishedJohnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007)).
- Hillesheim v. Wells Fargo Bank, N.A., No. 0:20-cv-00533 (D. Minn. Sept. 14, 2021). Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007).
- Brandt v. Cedar Falls, City of, No. 6:20-cv-02013 (N.D. Iowa June 14, 2021).Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007)). “‘[S]tray remarks in the workplace,’ ‘statements by nondecisionmakers,’ and ‘statements by decisionmakers unrelated to the decisional process’ do not constitute direct evidence.” Id. (quot…
Show 25 more citing cases
- Lapoint v. Orthodontics, 892 N.W.2d 506 (Minn. 2017).publishedJohnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007)) (internal quotation marks omitted).
- Sharilyn Haggenmiller v. ABM Parking Servs., Inc., 837 F.3d 879 (8th Cir. 2016).publishedJohnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007).
- Nicole LaPoint v. Fam. Orthodontics, P. A., 872 N.W.2d 889 (Minn. Ct. App. 2015).publishedJohnson Co., 507 F.3d 1149, 1152 (8th Cir.2007) (quotation omitted) (emphasis added).
- Sellers v. Deere & Co., 23 F. Supp. 3d 968 (N.D. Iowa 2014).publishedKing, 553 F.3d at 1160 (requiring a “specific link between the alleged discriminatory animus and the challenged decision”); Ramlet, 507 F.3d at 1152-53 (same). b.
- Johnson v. Securitas Sec. Servs. USA, Inc., 728 F.3d 754 (8th Cir. 2013).published Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007) (internal citation omitted).
- John Howell v. Carl Redus, 425 F. App'x 524 (8th Cir. 2011).unpublished(noting that direct evidence of discrimination must show a link between the alleged discriminatory animus and the employment decision; direct evidence does not include statements made by decision-makers that are not rela…)
- United States v. Mary M. Moriarty, 371 F. App'x 693 (8th Cir. 2010).unpublished(de novo review of summary judgment decision)
- Ramlet v. E.F. Johnson Co., 368 F. App'x 703 (8th Cir. 2010).unpublishedJohnson Co., 507 F.3d 1149, 1152 (8th Cir.2007), we conclude that Becerra did not establish a genuine issue of material fact regarding the objective reasonableness of defendants’ use of force, see Nance v. Samrnis, 586 F.3d 604, 609-10 (8t…
- Lake v. Yellow Transp., Inc., 596 F.3d 871 (8th Cir. 2010).published Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007), citing Lewis v. St.
- Bevill v. Home Depot U.S.A., Inc., 753 F. Supp. 2d 816 (S.D. Iowa 2009).publishedJohnson Co., 507 F.3d 1149, 1152 (8th Cir.2007)).
- Jackson v. Dunham, 333 F. App'x 149 (8th Cir. 2009).unpublished Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007), we hold that summary judgment was properly granted.
- Rodney Jackson v. Gary Maynard, No. 08-2671 (8th Cir. Oct. 9, 2009).unpublishedJohnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007), we hold that summary judgment was properly granted.
- David Hering v. Iowa State Patrol, 331 F. App'x 427 (8th Cir. 2009).unpublishedJohnson Co., 507 F.3d 1149, 1152 (8th Cir.2007); Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir.1993) (per curiam), we conclude the district court did not err in granting judgment in favor of appellees.
- Morgan v. Ford, 324 F. App'x 532 (8th Cir. 2009).unpublished Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007), we find no basis for reversal, and we affirm.
- Reginald Morgan v. Johnny Ford, No. 07-3586 (8th Cir. May 5, 2009).unpublishedJohnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007), we find no basis for reversal, and we affirm.
- King v. United States, 553 F.3d 1156 (8th Cir. 2009).published
- Spurlock v. Ashley Cnty. Arkansas, 281 F. App'x 628 (8th Cir. 2008).unpublished
- Charles Abeyta v. Richard Plant, 303 F. App'x 372 (8th Cir. 2008).unpublished
- Terry Casey v. Grant Cnty. Sheriff Dept., 307 F. App'x 26 (8th Cir. 2009).unpublished
- Patricia Davis-Jackson v. Jeff Federicci, 306 F. App'x 334 (8th Cir. 2009).unpublished
- Steven Rousseau v. River Valley Indus., 310 F. App'x 56 (8th Cir. 2009).unpublished
- Taariq S. Irshaad v. Deputy Aaron Hess, 320 F. App'x 474 (8th Cir. 2009).unpublished
- Earnest Richardson v. Francisco Porras, 325 F. App'x 462 (8th Cir. 2009).unpublished
- Pamela Mahler v. First Dakota Title Ltd Partner, 931 F.3d 799 (8th Cir. 2019).published
- Wrentz v. USAble Life, No. 4:23-cv-00014 (E.D. Ark. July 1, 2024).
At page 1153 Determining direct evidence of discrimination from workplace comments25 citing casesholding that comments made more than four months prior to the adverse employment action were not connected to the decision-making process and, therefore, were not direct evidence of discrimination
- Mears v. Tyson Poultry, Inc., No. 2:24-cv-02043 (W.D. Ark. June 18, 2025). Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citation omitted).
- Myers v. United Food & Com. Workers Int'l Union, Local 655, No. 4:24-cv-00375 (E.D. Mo. Mar. 24, 2025). (declining to hold that direct evidence of discrimination existed, in part because “an inference [was] required to connect” the purported evidence to the allegedly discriminatory act)
- Bowman v. 3M Co., No. 5:23-cv-05121 (W.D. Ark. Jan. 22, 2025). Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citation omitted).
- Walker v. Washington Reg'l Med. Ctr., No. 5:23-cv-05126 (W.D. Ark. Jan. 10, 2025). Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citation omitted).
- Williams v. Fort Zumwalt Sch. Dist., No. 4:23-cv-01517 (E.D. Mo. Dec. 19, 2023).Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007)).
- Equal Emp. Opportunity Comm'n v. Texar Line Clearance, Inc., No. 4:21-cv-04061 (W.D. Ark. Sept. 29, 2023).Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007).
- Ma v. Nucor-Yamato Steel Co., No. 3:19-cv-00344 (E.D. Ark. Aug. 29, 2022).Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007) (citing Browning v. President Riverboat Casino-Missouri, Inc., 139 F.3d 631, 635 (8th Cir. 1998) (quoting Price Waterhouse v. Hopkins, 490 U.S. 228, 277 (1989))).
- Geren v. Laster, P.A., No. 2:20-cv-02246 (W.D. Ark. Nov. 18, 2021).Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007).
- Woods v. Circuit Attorney's Off. of the City of St. Louis/The City of St. Louis, MO, No. 4:19-cv-01401 (E.D. Mo. July 28, 2020).(comments made more than four months before the adverse employment action were not connected to the decision-making process and, therefore, were not direct evidence of discrimination)
- Clark v. Sarpy Cnty., 453 F. Supp. 3d 1273 (D. Neb. 2020).publishedJohnson Co., 507 F.3d 1149, 1153 (8th Cir 2007)).
Show 14 more citing cases
- Taylor v. Abbott Labs. Inc, No. 4:18-cv-00626 (E.D. Ark. July 15, 2019).Johnson Co., 507 F3d 1149, 1153 (8th Cir. 2007).
- Bernard v. St. Jude Med. S.C., Inc., No. 0:17-cv-03853 (D. Minn. July 10, 2019).Johnson, 507 F.3d 1149, 1153 (8th Cir. 2007) (same).
- Swain v. Tyson Mexican Original, No. 5:18-cv-05104 (W.D. Ark. June 5, 2019).Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007).
- James Aulick v. Skybridge Americas, Inc., 860 F.3d 613 (8th Cir. 2017).publishedJohnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007).
- Sampson v. City of Fort Smith, 255 F. Supp. 3d 873 (W.D. Ark. 2017).published Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007).
- Pena v. Kindler, 187 F. Supp. 3d 1070 (D. Minn. 2016).published(finding that comments made “four months before [plaintiffs] termination” did not establish a causal'connection)
- Nash v. Optomec, Inc., 185 F. Supp. 3d 1129 (D. Minn. 2016).publishedJohnson Co., 507 F.3d 1149, 1153 (8th Cir.2007).
- Dunn v. Lyman Sch. Dist. 42-1, 35 F. Supp. 3d 1068 (D.S.D. 2014).published(holding that comments made at least four months before the adverse employment action were not connected to the decisionmaking process and thus were not direct evidence of age discrimination)
- Hilde v. City of Eveleth, 986 F. Supp. 2d 1068 (D. Minn. 2013).publishedJohnson Co., 507 F.3d 1149, 1153 (8th Cir.2007) (sufficiently younger).
- Toni Bone v. G4S Youth Servs., 686 F.3d 948 (8th Cir. 2012).published(holding that comments made more than four months prior to the adverse employment action were not connected to the decision-making process and, therefore, were not direct evidence of discrimination)
- David Torgerson v. City of Rochester, 605 F.3d 584 (8th Cir. 2010).published (If the defendant provides a non-discriminatory reasons for its decision, “the presumption [of discrimination] disappears, and the burden shifts back to the plaintiff to show that the proffered reason was pretext for ...…)
- Torgerson v. City of Rochester, 643 F.3d 1031 (8th Cir. 2011).published(If the defendant provides a non-discriminatory reasons for its decision, "the presumption [of discrimination] disappears, and the burden shifts back to the plaintiff to show that the proffered reason was pretext for. .…)
- Myers v. Croell Redi-mix, Inc., 672 F. Supp. 2d 889 (N.D. Iowa 2009).published(holding that comments made more than four months *903 prior to the adverse employment action were not related to the decision making process and therefore were not direct evidence)
- King v. United States, 553 F.3d 1156 (8th Cir. 2009).published
At page 1154 Determining sufficiency of age difference for prima facie case3 citing casesholding that even a five-year difference is not sufficient to permit an inference of age discrimination
- Hillesheim v. Wells Fargo Bank, N.A., No. 0:20-cv-00533 (D. Minn. Sept. 14, 2021). Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007).
- Hillins v. Mktg. Architects, Inc., 808 F. Supp. 2d 1145 (D. Minn. 2011).publishedJohnson Co., 507 F.3d 1149, 1154 (8th Cir.2007); Brocklehurst v. PPG Indus., Inc., 123 F.3d 890 , 895 (6th Cir.1997) (citation omitted).
- Marez v. Saint-gobain Containers, Inc., 740 F. Supp. 2d 1057 (E.D. Mo. 2010).published(holding that even a five-year difference is not sufficient to permit an inference of age discrimination)
v.
E.F. JOHNSON COMPANY, Appellee
Jerald L. Ramlet appeals the district court’s [1] grant of summary judgment to E.F. Johnson Company on his claims under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623(a), and the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363A.08(2). Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
I.
In 2001, E.F. Johnson hired Ramlet as Vice President of Sales. In 2003, he voluntarily accepted a different position, Director of Sales for the Central United States. He was initially responsible for sales in fourteen states, although three states were later deleted but two different states added.
In 2004, Ramlet began reporting to John Suzuki, who had assumed his former job as Vice President of Sales. In 2005, due to Ramlet’s low sales numbers and concentration of phone calls within Minnesota (which accounted for only one percent of his business), Suzuki suspected that Ramlet was working for another company, in violation of E.F. Johnson’s ethics code.
On July 5, 2005, Suzuki relayed his concerns to Brenda S. Jackson, Executive Vice President of Sales and Marketing. They decided to instruct Ramlet to devise a territory transition plan, reassigning six of Ramlet’s states to two other salespersons (ages 54 and 57). Additionally, without telling Ramlet, Jackson instructed the IT department to copy the files from his company-provided laptop. Reviewing the copied files, Jackson discovered: a business plan that listed Ramlet as an officer several times; e-mail communications between Ramlet and his wife that Jackson believed indicated they were starting a business; and e-mail communications between Ramlet and a former co-worker that Jackson believed indicated Ramlet visited strip clubs and/or solicited prostitutes while on business trips.
Jackson informed E.F. Johnson’s president, who instructed her to work with Michael B. Gamble, Vice President of Administration. Jackson recommended to[*1152] Gamble that Ramlet be terminated; Gamble agreed. On August 18, 2005, Gamble and Suzuki informed Ramlet that his employment was terminated because he was the owner and president of another business. While Suzuki e-mailed the staff to announce Ramlet’s termination, Gamble and Ramlet met. Ramlet denied any involvement with another business. Gamble agreed to delay the termination so he could investigate further.
Meanwhile, two E.F. Johnson employees contacted Ramlet about comments by Suzuki. One told Ramlet that, over a year before, Suzuki had said he wanted to hire “a bunch of young, dumb, and full of cum guys.” Another (former) employee told Ramlet that Suzuki had said “he intended to hire ‘young studs’ to replace the older sales people” (the date of this statement is not clear but was between May 2004 and April 2005).
After further investigation, Ramlet’s termination was made effective September 2, 2005. He was 42 years old. Ramlet received a termination letter, listing three reasons: “(i) failure to meet satisfactory sales activity; (ii) failure to meet revenue objectives; and (iii) a willful failure to perform duties with the Company.” Ramlet’s remaining seven states were — after temporary arrangements — permanently reassigned to Rich Gruitch, a new hire age 41, and Joe Heersche, a current salesperson age 37.
Ramlet sued E.F. Johnson, claiming age discrimination in violation of the ADEA and the MHRA and a variety of state law claims. The district court granted E.F. Johnson summary judgment on the age discrimination claims, and refused supplemental jurisdiction over the other state law claims. Ramlet appeals.
II.
This court reviews the grant of summary judgment de novo, viewing the record in the light most favorable to the non-moving party. Lewis v. St. Cloud State Univ., 467 F.3d 1133, 1135 (8th Cir.2006). Summary judgment is proper if the record shows “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); E.E.O.C. v. City of Independence, Mo., 471 F.3d 891, 894 (8th Cir.2006).
The ADEA provides: “It shall be unlawful for an employer ... to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” 29 U.S.C. § 623(a)(1). MHRA age discrimination claims are analyzed under the same framework. Chambers v. Metro. Prop. & Cas. Ins. Co., 351 F.3d 848, 855 (8th Cir.2003). An age discrimination plaintiff may survive the defendant’s motion for summary judgment either by setting out direct evidence of discrimination or by creating an inference of discrimination under the McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), burdenshifting framework. McGinnis v. Union Pac. R.R., 496 F.3d 868, 873 (8th Cir.2007).
A.
Ramlet argues that Suzuki’s comments are direct evidence of age discrimination. “[Djirect evidence is evidence ‘showing a specific link between the alleged discriminatory animus and the challenged decision, sufficient to support a finding by a reasonable fact finder that an illegitimate criterion actually motivated’ the adverse employment action.” Griffith v. City of Des Moines, 387 F.3d 733, 736 (8th Cir.2004), quoting Thomas v. First Nat’l Bank of Wynne, 111 F.3d 64, 66 (8th Cir.1997). In this context, whether evidence is direct depends on its causal[*1153] strength. Id. “ ‘[D]irect evidence’ does not include ‘stray remarks in the workplace,’ ‘statements by nondecisionmakers,’ or ‘statements by decisionmakers unrelated to the decisional process itself.’ ” Browning v. President Riverboat Casino-Missouri, Inc., 139 F.3d 631, 635 (8th Cir.1998), quoting Price Waterhouse v. Hopkins, 490 U.S. 228, 277, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989).
Suzuki’s comments are not direct evidence. Assuming Suzuki was a deci-sionmaker, Ramlet has not demonstrated a specific link between the comments and his termination. The comments were not related to the decisional process as the most recent occurred at least four months before Ramlet’s termination, and both were made to employees not involved in the decisional process. See, e.g., Twymon v. Wells Fargo & Co., 462 F.3d 925, 934 (8th Cir.2006); Arraleh v. County of Ramsey, 461 F.3d 967, 975 (8th Cir.2006). Further, an inference is required to connect the statements to Ramlet, as they do not mention him or indicate that Suzuki considered him “older.” See Erickson v. Farmland Indus., Inc., 271 F.3d 718, 725 (8th Cir.2001) (“Making this comment into evidence of age animus requires an inference, and the comment therefore does not directly reflect an attitude of discrimination based on age.”). Standing alone, Suzuki’s com ments are not sufficient to find that age discrimination actually motivated Ramlet’s termination. See Radabaugh v. Zip Feed Mills, Inc., 997 F.2d 444, 449-50 (8th Cir.1993) (repeated statements that company was “young, mean and lean,” in addition to other evidence and corporate planning documents emphasizing youth, support an inference of age discrimination).
B.
Ramlet argues that he has created an inference of discrimination. Under the McDonnell Douglas burden-shifting framework, the plaintiff initially has the burden to establish a prima facie case of discrimination. McDonnell Douglas Corp., 411 U.S. at 802, 93 S.Ct. 1817. A prima facie case creates a rebuttable presumption of discrimination. Kohrt v. MidAmerican Energy Co., 364 F.3d 894, 897 (8th Cir.2004). The burden then shifts to the defendant to provide a legitimate, nondiscriminatory reason for the adverse employment action. McDonnell Douglas Corp., 411 U.S. at 802, 93 S.Ct. 1817. If the defendant provides such a reason, the presumption disappears, and the burden shifts back to the plaintiff to show that the proffered reason was pretext for age discrimination. Haas v. Kelly Servs., Inc., 409 F.3d 1030, 1035 (8th Cir.2005). At all times, the ultimate burden of persuasion is on the plaintiff. Lewis, 467 F.3d at 1137.
To satisfy the prima facie burden in an age discrimination termination case, Ramlet must show he was: (1) a member of the protected class, i.e., at least 40 years old; (2) qualified for his position; (3) terminated; and (4) replaced by someone sufficiently younger to permit an inference of age discrimination. McGinnis, 496 F.3d at 875. In reduction in force (RIF) eases where the plaintiffs duties are either eliminated or redistributed to remaining workers, the fourth element is satisfied by showing that age was a factor in the termination. Id. at 875 n. 4 (proof that age was a factor in the termination is “needed only in reduction in force cases”); Hitt v. Harsco Corp., 356 F.3d 920, 924 (8th Cir.2004); Chambers, 351 F.3d at 855-56; Hutson v. McDonnell Douglas Corp., 63 F.3d 771, 776 (8th Cir.1995).
When Ramlet was terminated, he was responsible for sales in seven states. Those seven states were permanently reassigned to one existing salesperson and one new salesperson, ages 37 and 41. See Lewis, 467 F.3d at 1136 (“the important[*1154] datum here is the age of the person whom the [employer] chose as [the employee’s] permanent replacement”). Ramlet argues that the alternate fourth element applies, even though this is not a RIF case, because his territory was reassigned to several people and therefore he was not replaced. However, unlike a RIF case, E.F. Johnson did not eliminate or redistribute all Ramlet’s duties, but instead specifically hired someone to assume three of Ramlet’s seven states. Therefore, the alternate fourth element does not apply.
Under the traditional fourth element, the ages of Ramlet’s replacements are not sufficient to permit an inference of age discrimination. The new hire, Gruitch, was 41, clearly not sufficiently younger. Even if only the younger replacement is considered, this five-year difference is not sufficient. See id. (“a five-year age difference is insufficient to establish a prima facie case”).
Because Ramlet failed to carry his burden by establishing a prima facie case of age discrimination, summary judgment in favor of E.F. Johnson is appropriate.
III.
The judgment of the district court is affirmed.
. The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.