Norma D. Talley, Appellant, v. United States Postal Serv., Appellee, 720 F.2d 505 (8th Cir. 1983). · Go Syfert
Norma D. Talley, Appellant, v. United States Postal Serv., Appellee, 720 F.2d 505 (8th Cir. 1983). Cases Citing This Book View Copy Cite
99 citation events (15 in the last 25 years) across 29 distinct courts.
Strongest positive: Wright v. DeJoy (mied, 2022-09-19)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Wright v. DeJoy
E.D. Mich. · 2022 · confidence medium
In Talley v. U.S. Postal Service, 720 F.2d 505, 507 (8th Cir. 1983), the Eight Circuit held that “career employees, through a corrective and progressive form of discipline, are given the opportunity to improve their performance.” Id. at 507 .
discussed Cited as authority (rule) DIAL v. ROBESON COUNTY
M.D.N.C. · 2021 · confidence medium
Grp., Inc., 998 F.3d 111, 124 (4th Cir. 2021) (quoting Talley v. U.S. Postal Serv., 720 F.2d 505, 508 (8th Cir. 1983)) (“Thus, where a relevant decisionmaker is unaware of any prior complaints, a plaintiff ‘cannot establish the necessary causal connection between [his] filing a complaint . . . and [his] termination.’”). 1.
discussed Cited as authority (rule) PW Enterprises, Inc. v. Kaler
D.N.D. · 2020 · confidence medium
A court is “not required to make specific findings with respect to all of the evidence presented to it.” Talley v. U.S. Postal Serv., 720 F.2d 505, 507 (8th Cir. 1983) (citing Bell v. Bolger, 708 F.2d 1312 , 1318 n.8 (8th Cir. 1983)).
discussed Cited as authority (rule) Jim Ferguson v. Middle Tennessee State University
Tenn. Ct. App. · 2013 · confidence medium
See Dowe, 145 F.3d at 657 (citing Grizzle v. Travelers Health Network, Inc., 14 F.3d 261, 267 (5th Cir. 1994) (dismissing claim because no evidence that relevant decisionmaker knew that plaintiff had complained of discrimination); Hudson v. Southern Ductile Casting Corp., 849 F.2d 1372, 1376 (11th Cir. 1988) (dismissing claim because relevant decisionmaker was unaware that plaintiff had filed a complaint with the EEOC); Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir. 1983) (dismissing claim because no evidence that supervisor who made adverse personnel decision was aware that…
discussed Cited as authority (rule) Reeves v. Safeway Stores, Inc. (2×)
Cal. Ct. App. · 2004 · confidence medium
(Cohen v. Fred Meyer, Inc. (9th Cir. 1982) 686 F.2d 793 , 796 (Cohen); Morgan v. Regents of University of California (2000) 88 Cal.App.4th 52, 70 [ 105 Cal.Rptr.2d 652 ] (Morgan); see Gunther v. County of Washington (9th Cir. 1979) 623 F.2d 1303 , 1316 (Gunther); McCollum v. Bolger (11th Cir. 1986) 794 F.2d 602 , 610 (McCollum); Talley v. United States Postal Service (8th Cir. 1983) 720 F.2d 505, 508 (Talley); Moore v. Reese (D.Md. 1993) 817 F.Supp. 1290, 1298 (Moore).) These cases are rooted in the commonsense notion that one cannot be motivated by an event or condition of which one is wholly…
discussed Cited as authority (rule) Derendinger v. Kiewit Construction Co.
D. Alaska · 2003 · confidence medium
Co., 210 F.3d 750, 755-56 (7th Cir.2000); Holbrook v. Reno, 196 F.3d 255, 263-64 (D.C.Cir.1999); Raney v. Vinson Guard Serv., Inc., 120 F.3d 1192, 1197-98 (11th Cir.1997); Grizzle v. Travelers Health Network, Inc., 14 F.3d 261, 267-68 (5th Cir.1994); Goldsmith v. City of Atmore, 996 F.2d 1155, 1163 (11th Cir.1993); Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983).
discussed Cited as authority (rule) Brown v. Sears Automotive Center
M.D.N.C. · 2002 · confidence medium
Multiple federal courts have determined that a causal connection between the adverse employment action and the protected activity cannot be established when the decision-maker involved did not know that the plaintiff had engaged in the protected activity. 9 Talley v. U.S. Postal Serv., 720 F.2d 505, 508 (8th Cir.1983) (affirming the district court’s decision entering judgment as a matter of law for the defendant as to the plaintiffs retaliatory discharge claim when the plaintiffs supervisor terminated the plaintiff for a valid reason and had no knowledge of her prior protected activity), cer…
discussed Cited as authority (rule) Dowe v. Total Action
4th Cir. · 1998 · confidence medium
See, e.g., Grizzle v. Travelers Health Network, Inc., 14 F.3d 261, 267 (5th Cir. 1994) (dismissing claim because no evidence that relevant decision- maker knew that plaintiff had complained of discrimination); Hudson v. Southern Ductile Casting Corp., 849 F.2d 1372, 1376 (11th Cir. 1988) (dismissing claim because relevant decisionmaker was unaware that plaintiff had filed a complaint with the EEOC); Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir. 1983) (dismissing claim because no evidence that supervisor who made adverse person- nel decision was aware that plaintiff had enga…
discussed Cited as authority (rule) Gloria W. DOWE, Plaintiff-Appellant, v. TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, Defendant-Appellee
4th Cir. · 1998 · confidence medium
See, e.g., Grizzle v. Travelers Health Network, Inc., 14 F.3d 261, 267 (5th Cir.1994) (dismissing claim because no evidence that relevant decisionmaker knew that plaintiff had complained of discrimination); Hudson v. Southern Ductile Casting Corp., 849 F.2d 1372, 1376 (11th Cir.1988) (dismissing claim because relevant decisionmaker was unaware that plaintiff had filed a complaint with the EEOC); Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983) (dismissing claim because no evidence that supervisor who made adverse personnel decision was aware that plaintiff had engaged in …
cited Cited as authority (rule) Taylor v. ScottPolar Corp.
D. Ariz. · 1998 · confidence medium
See Grizzle, 14 F.3d at 267-68 ; Hudson v. Southern Ductile Casting Corp., 849 F.2d 1372, 1376 (11th Cir.1988); Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983).
discussed Cited as authority (rule) Jones v. Billington
D.D.C. · 1997 · confidence medium
See McCollum v. Bolger, 794 F.2d 602, 611 (11th Cir.1986) (finding no retaliation where decision maker had no knowledge of protected activity); Talley v. United States Postal Service, 720 F.2d 505, 508 (8th Cir.1983) (same).
examined Cited as authority (rule) Lihosit v. I & W, INC. (6×)
N.M. Ct. App. · 1996 · confidence medium
Parham v. Carrier Corp., 9 F.3d 383, 387 (5th Cir.1993); Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984); Carter v. Bennett, 651 F.Supp. 1299, 1301 (D.D.C.1987) (mem.), aff'd, 840 F.2d 63 (D.C.Cir.1988); Beckman v. Freeman United Coal Mining Co., 123 Ill.2d 281 , 122 Ill.Dec. 805, 808 , 527 N.E.2d 303, 306 (1988); see also Hickman v. May Dep’t Stores Co., 887 S.W.2d 628, 631 (Mo.Ct.App.1994).
discussed Cited as authority (rule) Jenkins v. Wal-Mart Stores, Inc.
N.D. Iowa · 1995 · confidence medium
Talley v. United States Postal Serv., 720 F.2d 505, 506-07 (8th Cir.1983), ce rt. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984); Harris v. Ford Motor Co., 651 F.2d 609, 610 (8th Cir.1981).
discussed Cited as authority (rule) Naylor v. Georgia-Pacific Corp.
N.D. Iowa · 1995 · confidence medium
See, e.g., Harvey, 38 F.3d at 972 (holding, where plaintiffs only evidence of pretext was a recitation of instances in which defendant employer allegedly disciplined white employees less severely for exercising bad judgment, instances in which white employees were allegedly disciplined less severely were not sufficiently similar to plaintiffs circumstances, in which plaintiff failed to assist person in life threatening distress, failed to raise a triable issue of pretext); Williams, 14 F.3d at 1309 (finding that record was devoid of any evidence that any of white employees granted reinstatemen…
cited Cited as authority (rule) Jackson v. Frank
E.D. Mo. · 1994 · confidence medium
Talley v. United States Postal Service, 720 F.2d 505, 507 (8th Cir.1983), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984). 8.
cited Cited as authority (rule) Colleen Wolff v. Berkley Inc.
8th Cir. · 1991 · confidence medium
Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984).
discussed Cited as authority (rule) Washington v. Brown & Williamson Tobacco Corp.
M.D. Ga. · 1991 · confidence medium
See Carmichael, 738 F.2d at 1131 ; Donaldson v. Pillsbury Co., 554 F.2d 825, 832-33 (8th Cir.), cert. denied, 434 U.S. 856 , 98 S.Ct. 177 , 54 L.Ed.2d 128 (1977); and Talley v. United States Postal Service, 720 F.2d 505, 507-08 (8th Cir.), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984). 6 .
cited Cited as authority (rule) Charles Larabee v. M M & L International Corporation, Lafi Jafari
8th Cir. · 1990 · signal: cf. · confidence medium
Cf. Talley v. United States Postal Service, 720 F.2d 505, 508 (8th Cir.1983) (remand unnecessary where complete understanding of claim possible from the record on appeal).
discussed Cited as authority (rule) James TUTTLE, Plaintiff-Appellant, v. HENRY J. KAISER COMPANY, a Corporation, Defendant-Appellee
8th Cir. · 1988 · confidence medium
The court concluded that the trial courts had insufficiently complied with the requirement of Rule 52(a) F.R.Civ.P. to “find the facts specially.” In Talley v. United States Postal Service, 720 F.2d 505, 507 (8th Cir.1983) the district court had disposed of evidence of differential treatment of a plaintiff by finding, correctly, that plaintiff and the other employees were not similarly situated.
discussed Cited as authority (rule) Worthington v. Frank (2×) also: Cited "see"
E.D. Mo. · 1988 · confidence medium
Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L:Ed.2d 541 (1984).
cited Cited as authority (rule) Mowrey v. Iowa Civil Rights Commission
Iowa Ct. App. · 1988 · confidence medium
Talley v. United States Postal Service, 720 F.2d 505, 507-08 (8th Cir.1983).
discussed Cited as authority (rule) Van v. Plant & Field Service Corp.
C.D. Cal. · 1987 · confidence medium
Talley v. United States Postal Service, 720 F.2d 505, 507 (8th Cir.1983); cert. den., 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984); EEOC v. Federal Reserve Bank, 698 F.2d 633 , 639 (4th Cir.1983), rev'd on other grounds sub. nom Cooper v. Federal Reserve Bank, 467 U.S. 867 , 104 S.Ct. 2794 , 81 L.Ed.2d 718 (1984). 16 .
discussed Cited as authority (rule) Pierce v. Marsh
E.D. Ark. · 1987 · confidence medium
Co. of Am., 668 F.2d 795, 800 (5th Cir.1982); Talley v. United States Postal Service, 720 F.2d 505, 507-508 (8th Cir.1988), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984); Harris v. Ford Motor Co., 651 F.2d 609, 611 (8th Cir.1981).
cited Cited as authority (rule) Emanuel v. Marsh
8th Cir. · 1987 · confidence medium
Talley v. United States Postal Service, 720 F.2d 505, 506 (8th Cir.1983) (Talley ), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984).
cited Cited as authority (rule) Emanuel v. Marsh
8th Cir. · 1987 · confidence medium
Talley v. United States Postal Service, 720 F.2d 505, 506 (8th Cir.1983) (Talley), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984).
discussed Cited as authority (rule) Atonio v. Wards Cove Packing Company
9th Cir. · 1987 · confidence medium
See, e.g., Gilbert v. Little Rock, 722 F.2d 1390 (8th Cir.1983) (applying treatment analysis to a system relying on individual discretion), cert. denied, 466 U.S. 972 (1984); Talley v. United States Postal Serv., 720 F.2d 505, 506-07 (8th Cir.1983) (refusing to apply impact analysis), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984); Harris v. Ford Motor Co., 651 F.2d 609 (8th Cir.1981) (per curiam) (same).
discussed Cited as authority (rule) Atonio v. Wards Cove Packing Co.
9th Cir. · 1987 · confidence medium
See, e.g., Gilbert v. Little Rock, 722 F.2d 1390 (8th Cir.1983) (applying treatment analysis to a system relying on individual discretion), cert. denied, 466 U.S. 972 (1984); Talley v. United States Postal Serv., 720 F.2d 505, 506-07 (8th Cir.1983) (refusing to apply impact analysis), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984); Harris v. Ford Motor Co., 651 F.2d 609 (8th Cir.1981) (per curiam) (same).
discussed Cited as authority (rule) McIntosh v. Weinberger (2×) also: Cited "see, e.g."
8th Cir. · 1987 · confidence medium
Talley v. United States Postal Service, 720 F.2d 505, 507 (8th Cir.1983), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.E.2d 541 (1984) (citation omitted).
discussed Cited as authority (rule) 40 Fair empl.prac.cas. 385, 39 Empl. Prac. Dec. P 35,928, 40 Empl. Prac. Dec. P 36,151 Marjorie Griffin and Sandra McWhorter v. City of Omaha, a Municipal Corporation Robert Wadman, in His Capacity as Chief of Police of the City of Omaha James Doyle, in His Capacity as Personnel Director of the City of Omaha
8th Cir. · 1986 · confidence medium
Grebin v. Sioux Falls Independent School District No. 49-5, 779 F.2d 18, 19 (8th Cir.1985); Talley v. United States Postal Service, 720 F.2d 505, 507 (8th Cir.1983), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984).
cited Cited as authority (rule) Red Lake Band Of Chippewa Indians v. Barlow
8th Cir. · 1986 · confidence medium
See Fed.R.Civ.P. 52; Talley v. United States Postal Service, 720 F.2d 505, 508 (8th Cir.1983).
cited Cited as authority (rule) Red Lake Band of Chippewa Indians v. Barlow
8th Cir. · 1986 · confidence medium
See Fed.R.Civ.P. 52; Talley v. United States Postal Service, 720 F.2d 505, 508 (8th Cir.1983).
discussed Cited as authority (rule) Griffin v. City of Omaha
8th Cir. · 1986 · confidence medium
Grebin v. Sioux Falls Independent School District No. 49-5, 779 F.2d 18, 19 (8th Cir.1985); Talley v. United States Postal Service, 720 F.2d 505, 507 (8th Cir.1983), ce rt. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984).
discussed Cited as authority (rule) Kathy O'COnnOr v. Peru State College
8th Cir. · 1986 · confidence medium
Talley v. United States Postal Service, 720 F.2d 505, 508 (8th Cir.1983) (not clear error to reject allegations of pretext despite use of subjective employment criteria and evidence of past discriminatory treatment of plaintiff), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984).
discussed Cited as authority (rule) Christine A. Craft, Appellee/cross-Appellant v. Metromedia, Inc., Appellant/cross-Appellee
8th Cir. · 1985 · confidence medium
See Tate v. Weyerhaeuser Co., 723 F.2d 598, 605 (8th Cir.1983), cert. denied, -U .S., 105 S.Ct. 160 , 83 L.Ed.2d 97 (1984); Talley v. United States Postal Service, 720 F.2d 505, 507 (8th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984). 14 .
cited Cited as authority (rule) Hutchinson Telephone Company v. Fronteer Directory Company of Minnesota, Inc.
8th Cir. · 1985 · confidence medium
Talley v. United States Postal Service, 720 F.2d 505, 508 (8th Cir.1983).
cited Cited as authority (rule) Royce GILREATH, Appellant, v. BUTLER MANUFACTURING COMPANY, Appellee
8th Cir. · 1984 · confidence medium
Talley v. United States Postal Service, 720 F.2d 505, 507 (8th Cir.1983), cert. denied, - U.S.-, 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984).
discussed Cited "see" Stark v. Independent School District, No. 640
8th Cir. · 1997 · signal: see · confidence high
See Hutchins v. Champion Int'l Corp., 110 F.3d 1341 , 1345 (8th Cir.1997) (citing Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983)). 41 The Minnesota constitutional provisions preventing the establishment of religion provide in relevant part that "nor shall any money be drawn from the treasury for the benefit of any religious societies or religious or theological seminaries," Minn. Const. Art.
discussed Cited "see" Stark v. Independent School District, No. 640 (2×)
8th Cir. · 1997 · signal: see · confidence high
See Hutchins v. Champion Int’l Corp., 110 F.3d 1341 , 1345 (8th Cir.1997) (citing Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983)).
discussed Cited "see" 21 Employee Benefits Cas. 1469, Pens. Plan Guide (Cch) P 23936b Hawkeye National Life Insurance Company v. Avis Industrial Corporation Edgerton Forge, Inc., Steel Technologies, Inc. Midwest Plating and Chemical Corporation, Metal Polishers, Buffers, Platers and Allied Workers International Union Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 15 Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 24 Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 301 Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 305, Hawkeye National Life Insurance Company v. Avis Industrial Corporation Edgerton Forge, Inc., Steel Technologies, Inc. Midwest Plating and Chemical Corporation, Metal Polishers, Buffers, Platers and Allied Workers International Union Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 15 Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 24 Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 301 Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 305
8th Cir. · 1997 · signal: see · confidence high
Monahan v. County of Chesterfield, Virginia, 95 F.3d 1263, 1265 (4th Cir.1996); see Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983) ("The appellate court may decide an issue without remand ... when the facts with respect to a particular issue are undisputed."). 30 Because the Plan gives Hawkeye discretionary authority to interpret the Plan, we review Hawkeye's interpretation of Plan provisions for abuse of discretion.
discussed Cited "see" Hawkeye National Life Insurance v. Avis Industrial Corp.
8th Cir. · 1997 · signal: see · confidence high
Monahan v. County of Chesterfield, Virginia, 95 F.3d 1263, 1265 (4th Cir.1996); see Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983) (“The appellate court may decide an issue without remand ... when the facts with respect to a particular issue are undisputed.”).
discussed Cited "see" Hutchins v. Champion International Corporation
8th Cir. · 1997 · signal: see · confidence high
See Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983)(an issue may be decided without remand when the facts are undisputed). 22 ERISA does not require that welfare benefits vest, and the burden is on the claimant to show that his welfare benefits had vested under the terms of the plan.
cited Cited "see" Hutchins v. Champion International Corp.
8th Cir. · 1997 · signal: see · confidence high
See Talley v. United States Postal Serv., 720 F.2d 505, 508 (8th Cir.1983)(an issue may be decided without remand when the facts are undisputed).
cited Cited "see" Castella v. Long
N.D. Tex. · 1988 · signal: see · confidence high
See Talley v. United States Postal Service, 720 F.2d 505, 507 (8th Cir.1983), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984). 16 .
cited Cited "see" Garcia v. American Airlines, Inc.
D.P.R. · 1987 · signal: see · confidence high
See Talley v. United States Postal Service, 720 F.2d 505, 508 (8th Cir.1983).
discussed Cited "see" Mony LEICHIHMAN, Appellant, v. PICKWICK INTERNATIONAL and American Can Company, Appellees
8th Cir. · 1987 · signal: see · confidence high
See Talley v. United States Postal Serv., 720 F.2d 505, 507 (8th Cir.1983), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984); Harris v. Ford Motor Co., 651 F.2d 609, 611 (8th Cir.1981) (per curiam).
discussed Cited "see" Vicki Easley v. Empire Incorporated and Empiregas, Inc. Of Wheaton
8th Cir. · 1985 · signal: see · confidence high
United States Postal Service Board of Governors v. Aikens, 460 U.S. 711 , 103 S.Ct. 1478 , 75 L.Ed.2d 403 (1983); see Talley v. United States Postal Service, 720 F.2d 505, 507 (8th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984); Jones v. International Paper Co., 720 F.2d 496, 500 (8th Cir.1983).
examined Cited "see, e.g." Emanuel v. Marsh (3×)
8th Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Talley v. United States Postal Serv., 720 F.2d 505, 506 (8th Cir.1983), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984).
examined Cited "see, e.g." Emanuel v. Marsh (3×)
8th Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Talley v. United States Postal Serv., 720 F.2d 505, 506 (8th Cir.1983), cert. denied, 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984).
cited Cited "see, e.g." Jean BERGAL, Appellant, v. METROPOLITAN WASTE CONTROL COMMISSION and Louis Breimhurst, Appellees
8th Cir. · 1989 · signal: see also · confidence medium
See also Talley v. United States Postal Service, 720 F.2d 505, 506 (8th Cir.1983), cert. denied 466 U.S. 952 , 104 S.Ct. 2155 , 80 L.Ed.2d 541 (1984).
Retrieving the full opinion text from the archive…
33 Fair empl.prac.cas. 361, 32 Empl. Prac. Dec. P 33,891 Norma D. Talley
v.
United States Postal Service
82-2123.
Court of Appeals for the Eighth Circuit.
Nov 3, 1983.
720 F.2d 505
1983 U.S. App. LEXIS 15590
Thompson & Mitchell, Charles M. Popl-stein, St. Louis, Mo., for appellant., Thomas E. Dittmeier, U.S. Atty., Joseph B. Moore, Asst. U.S. Atty., St. Louis, Mo., Joel S. Trosch, Asst. Gen. Counsel, Susan R. Klavens, Atty., U.S. Postal Service, Washington, D.C., for appellee.
Gibson, Fagg, Woods.
Cited by 72 opinions  |  Published
FAGG, Circuit Judge.

Norma Talley, a former United States Postal Service employee, appeals the district court’s dismissal of her racial and sexual discrimination in employment claims brought under 42 U.S.C. § 2000e et seq. For reversal, Talley argues that the district court committed error in finding that she failed to prove a case under either a disparate impact or disparate treatment theory and in fáiling to make findings with respect to her retaliatory discharge claim. We affirm.

Norma Talley, a black female, was employed by the United States Postal Service as a temporary casual letter carrier. USPS hires temporary casual employees to supplement the career work force during busy seasons and vacation periods. Talley gained access to the mailboxes on her route by use of assigned keys. The keys open approximately 10,000 mailboxes in the St. Louis area. On October 14, 1977, Talley temporarily lost her set of keys. After notifying USPS of the loss, Talley returned to her route and located the keys on the ground in the vicinity of her parked car. On October 21,1977, Talley was responsible for the permanent loss of a set of keys issued to her that morning. Charles Stoet-zer, a white male, who was acting station manager at the branch post office Talley delivered for, viewed Talley’s mishandling of the keys on the two occasions as a serious threat to the security of the mail that necessitated her discharge.

A. Disparate Impact Claim

Talley argues that the district court committed error in denying the applicability of a disparate impact analysis to her claims of race and sex discrimination.[*507] She contends that subjective decision-making by the primarily white supervisory force has disproportionately affected blacks and females. To establish a prima facie case of disparate impact, a plaintiff must show “that a facially neutral employment practice actually operates to exclude from a job a disproportionate number of members of a protected class.” Hawkins v. Anheuser-Busch, Inc., 697 F.2d 810, 815 (8th Cir.1983). “A subjective decision-making system * * * cannot alone form the foundation for a discriminatory impact case.” Harris v. Ford Motor Co., 651 F.2d 609, 611 (8th Cir.1981). Since Talley broadly attacks USPS’ system of subjective decision-making rather than pointing to a facially neutral employment practice that operates in a discriminatory manner, the district court correctly concluded that application of a disparate impact analysis was inappropriate.

B. Disparate Treatment Claim

Because the district court did not dismiss Talley’s disparate treatment claim for lack of a prima facie showing, but instead decided the case after it had been fully tried on the merits, it is unnecessary for this court to review as a preliminary matter whether Talley did in fact make out a prima facie case. See United States Postal Service Board of Governors v. Aikens, — U.S. —, —, —, 103 S.Ct. 1478, 1481-83, 75 L.Ed.2d 403 (1983). USPS had the burden of rebutting the presumption of discrimination that arises upon a prima facie showing by articulating a legitimate nondiscriminatory reason for Talley’s discharge. See Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 253-54, 101 S.Ct. 1089, 1093-94, 67 L.Ed.2d 207 (1981). Charles Stoetzer testified that Talley was discharged because she mishandled her keys on two occasions and thereby threatened the security of the mail. Although Talley disputed that she lost her keys on the second occasion, the district court made a credibility determination with respect to the testimony presented and found that Talley was in fact responsible for the loss of keys on October 21.

It was incumbent upon Talley to prove by a preponderance of the evidence that USPS’ articulated reason was a pretext for discrimination. See Burdine, supra, 450 U.S. at 253, 101 S.Ct. at 1093. Talley presented evidence of differential treatment on behalf of USPS in that other USPS employees who permanently lost their keys were not discharged. The district court correctly found, however, that Talley and the other employees were not similarly situated. See Johnson v. Bunny Bread Co., 646 F.2d 1250, 1255 (8th Cir. 1981). Talley was employed as a temporary casual employee while the others were career employees. Career employees, through a corrective and progressive form of discipline, are given an opportunity to improve their performance. Casual employees, because of the short-term nature of the position, are discharged following the commission of a serious offense. In spite of Talley’s temporary status, USPS accepted Talley’s explanation for the loss of keys on the first occasion and took no disciplinary action against her. None of the career employees were responsible for a loss of keys on a second occasion.

Talley also contends that the statistical evidence presented, the fact that USPS’ termination decisions are made subjectively by a primarily white supervisory force, and the evidence of USPS’ past treatment of Talley, necessitated a finding of pretext by the district court. Talley argues that the absence of comment by the district court with respect to this evidence indicates either a failure by the district court to consider it or an improper rejection of its relevancy. A district court is not required to make specific findings with respect to all of the evidence presented to it. Bell v. Bolger, 708 F.2d 1312, 1318 n. 8 (8th Cir. 1983). In rendering its decision, the district court did in fact state that it considered the record as a whole.

We agree with Talley that evidence of statistical disparities and past discriminatory treatment along with the utilization of a subjective decision-making process is relevant to a showing of pretext in a[*508] disparate treatment case. See Bell v. Bolger, supra, 708 F.2d at 1319-20; Taylor v. Teletype Corp., 648 F.2d 1129, 1134-35 (8th Cir.1981), cert. denied, 454 U.S. 969, 102 S.Ct. 515, 70 L.Ed.2d 386 (1981). Talley, nevertheless, fails to convince us that the evidence she presented demonstrates that USPS’ articulated reason for her discharge was pretextual. Talley’s statistical data was overbroad and generalized in that it pertained to the entire St. Louis postal system and Talley failed to provide the district court with any concrete analysis of the statistical disparities indicated by her data to support an inference of discrimination. See Eubanks v. Pickens-Bond Construction Co., 635 F.2d 1341, 1349 (8th Cir.1980). Talley’s generalized statistics, while probative, “may not be in and of themselves controlling as to an individualized [discharge] decision, particularly in the presence of an otherwise justifiable reason for [the discharge].” McDonnell Douglas Corp. v. Green, 411 U.S. 792, 805 n. 19, 93 S.Ct. 1817, 1825, n. 19, 36 L.Ed.2d 668 (1973). We cannot say that the district court committed error in weighing Talley’s statistical proof.

The evidence respecting the utilization of a subjective decision-making process by USPS and past conduct of USPS toward Talley, which she claims was discriminatory, is simply not compelling sufficiently to dictate a finding of pretext. Stoetzer had good cause for discharging Talley based on her loss of keys on two occasions and the evidence clearly demonstrated that he was unaware of Talley’s prior employment with USPS. The district court’s finding that the reason given by USPS for Talley’s discharge was not pretextual is supported by substantial evidence and we cannot say that the finding is clearly erroneous. See Pullman-Standard v. Swint, 456 U.S. 273, 287-88, 102 S.Ct. 1781, 1789-90, 72 L.Ed.2d 66 (1982). Talley failed to carry her ultimate burden of proving that USPS intentionally discriminated against her on the basis of race or sex. See Burdine, supra, 450 U.S. at 253, 101 S.Ct. at 1093.

C. Retaliatory Discharge Claim

Talley contends that a remand is necessary because of the lack of findings by the district court with respect to her retaliatory discharge claim. Although Rule 52 of the Federal Rules of Civil Procedure requires the district court in a non-jury case to make findings of fact and state separately its conclusions of law, compliance with the rule is not a jurisdictional requirement for appeal. Swanson & Youngdale, Inc. v. Seagrave Corp., 561 F.2d 171, 173 (8th Cir. 1977). The appellate court may decide an issue without remand if “the record itself sufficiently' informs the court of the basis for the trial court’s decision on the material issue”, id., or when the facts with respect to a particular issue are undisputed. SbiccaDel Mac, Inc. v. Milius Shoe Co., 145 F.2d 389, 400 (8th Cir.1944); Armstrong v. Collier, 536 F.2d 72, 77 (5th Cir.1976). We conclude that a complete understanding of Talley’s claim may be had from the record on appeal, and that remand to the district court is unnecessary.

Talley contends that her discharge was in retaliation for complaints of discrimination she made while employed by USPS in 1975 and 1977. Talley, however, failed to present any evidence supporting a causal connection between her previous exercise of protected Title VII activities and Mr. Stoetzer’s adverse action against her, i.e., her discharge. See Womack v. Munson, 619 F.2d 1292, 1296 (8th Cir.1980), cert denied, 450 U.S. 979, 101 S.Ct. 1513, 67 L.Ed.2d 814 (1981). The testimony before the district court clearly demonstrated that Stoetzer had no knowledge of Talley’s prior Title VII activities and that he was unaware of Talley’s former employment with USPS. Because this testimony is undisputed, and because Stoetzer had a legitimate, nondiscriminatory reason for terminating Talley based on her mishandling of the keys, it is apparent that Talley’s failure to prove the requisite causal connection was the basis for the district court’s decision. Thus, we hold Talley’s retaliatory discharge claim to be without merit.

We affirm the judgment of the district court.