Michael WHITE, Appellant, v. McDONNELL DOUGLAS Corp.; McDonnell Douglas Aircraft, Appellees, 985 F.2d 434 (8th Cir. 1993). · Go Syfert
Michael WHITE, Appellant, v. McDONNELL DOUGLAS Corp.; McDonnell Douglas Aircraft, Appellees, 985 F.2d 434 (8th Cir. 1993). Cases Citing This Book View Copy Cite
65 citation events (16 in the last 25 years) across 5 distinct courts.
Strongest positive: GaleWood West Development, Inc. v. City of Nixa, Missouri (mowd, 2025-10-14)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (rule) GaleWood West Development, Inc. v. City of Nixa, Missouri
W.D. Mo. · 2025 · confidence medium
The plaintiff may show pretext either though discrediting the proffered reasons or through showing “that a discriminatory reason more likely motivated the [defendant]….” White v. McDonnell Douglas Corp., 985 F.2d 434, 436 (8th Cir. 1993) (quoting Burdine, 450 U.S. at 256 , 101 S.Ct. 1089 ).
discussed Cited as authority (rule) Nelson v. Bransfield
W.D. Mo. · 2022 · confidence medium
Plaintiff can show pretext either “‘by persuading the court that a discriminatory reason more likely motivated the employer or . . . by showing that the employer’s proffered explanation is unworthy of credence.’” White v. McDonnell Douglas Corp., 985 F.2d 434, 436 (8th Cir. 1993) (quoting Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 256 (1981)).
discussed Cited as authority (rule) John Bean Technologies Corporation v. Morris & Associates, Inc.
W.D. Ark. · 2018 · confidence medium
Milling Co., Ltd., 409 F.3d 1005, 1018 (8th Cir. 2005) (presumption of negligence can be rebutted by “evidence sufficient to establish some cause other than negligence”); White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir. 1993) (presumption of employment discrimination can be rebutted by production of evidence that cause of employer’s action was “a legitimate, nondiscriminatory reason”).
cited Cited as authority (rule) Roberts v. USCC Payroll Corp.
N.D. Iowa · 2009 · confidence medium
Tuttle v. Missouri Dept. of Agriculture, 172 F.3d 1025 , 1029 (8th Cir.1999); White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir. 1993).
cited Cited as authority (rule) McMannes v. United Rentals, Inc.
N.D. Iowa · 2005 · confidence medium
Tuttle v. Missouri Dept. of Agriculture, 172 F.3d 1025 , 1029 (8th Cir.1999); White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
cited Cited as authority (rule) Nelson v. Long Lines Ltd.
N.D. Iowa · 2004 · confidence medium
Tuttle, 172 F.3d at 1029; White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
discussed Cited as authority (rule) Anthony C. Kenney v. Swift Transportation, Inc.
8th Cir. · 2003 · confidence medium
Under McDonnell Douglas, Kenney has established a prima facie case of disparate treatment if “he is a member of a protected class (here, blacks ...), that he was qualified for the position for which he applied, that he was not chosen for that position, and that whites ... with the same qualifications as [Kenney] were chosen .... ” White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993) (citing McDonnell Douglas, 411 U.S. at 802 , 93 S.Ct. 1817 ).
discussed Cited as authority (rule) Anthony C. Kenney v. Swift Transportation
8th Cir. · 2003 · confidence medium
Under McDonnell Douglas, Kenney has established a prima facie case of disparate treatment if “he is a member of a -4- protected class (here, blacks . . . ), that he was qualified for the position for which he applied, that he was not chosen for that position, and that whites . . . with the same qualifications as [Kenney] were chosen . . . .” White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir. 1993) (citing McDonnell Douglas, 411 U.S. at 802 ).
cited Cited as authority (rule) Loeckle v. State Farm Automobile Insurance
N.D. Iowa · 1999 · confidence medium
Tuttle, 172 F.3d at 1029; White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
discussed Cited as authority (rule) Jenkins v. Wal-Mart Stores, Inc. (2×)
N.D. Iowa · 1995 · confidence medium
White v. McDonnell Douglas Carp., 985 F.2d 434, 435 (8th Cir.1993).
cited Cited as authority (rule) Kunzman v. Enron Corp.
N.D. Iowa · 1995 · confidence medium
White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
discussed Cited as authority (rule) Vetter v. Farmland Industries, Inc. (2×)
N.D. Iowa · 1995 · confidence medium
White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
discussed Cited as authority (rule) Fink v. Kitzman (2×)
N.D. Iowa · 1995 · confidence medium
White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
discussed Cited as authority (rule) Schwarz v. Northwest Iowa Community College (2×)
N.D. Iowa · 1995 · confidence medium
White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
discussed Cited as authority (rule) Schallehn v. Central Trust & Savings Bank (2×)
N.D. Iowa · 1995 · confidence medium
White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
examined Cited as authority (rule) Naylor v. Georgia-Pacific Corp. (3×)
N.D. Iowa · 1995 · confidence medium
White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
discussed Cited as authority (rule) Mummelthie v. City of Mason City, Iowa (2×)
N.D. Iowa · 1995 · confidence medium
White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
examined Cited as authority (rule) Thomas v. St. Luke's Health Systems, Inc. (4×)
N.D. Iowa · 1994 · confidence medium
White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
discussed Cited as authority (rule) Rouse v. Farmers State Bank of Jewell, Iowa (2×)
N.D. Iowa · 1994 · confidence medium
White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993).
discussed Cited as authority (rule) Banks v. City of Independence, Missouri (2×) also: Cited "see, e.g."
8th Cir. · 1994 · confidence medium
Mary's Honor Center, --- U.S. at ----, ----, 113 S.Ct. at 2749, 2756 ; United States Postal Service Board of Governors, 460 U.S. at 715 , 103 S.Ct. at 1481-82 ; and White v. McDonnell Douglas Corp., 985 F.2d 434, 436 (8th Cir.1993). 5 We have examined all of the exhibits submitted to the trial court, which included affidavits and depositions from Mr. Banks and from the other primary actors in the events in question.
discussed Cited as authority (rule) Banks v. City of Independence (2×) also: Cited "see, e.g."
8th Cir. · 1994 · confidence medium
Mary’s Honor Center, — U.S. at -, -, 113 S.Ct. at 2749, 2756 ; United States Postal Service Board of Governors, 460 U.S. at 715 , 103 S.Ct. at 1481-82 ; and White v. McDonnell Douglas Corp., 985 F.2d 434, 436 (8th Cir.1993).
cited Cited "see" Eva Angelica Lucke v. Andrew Solsvig
8th Cir. · 2019 · signal: see · confidence high
See White , 985 F.2d at 436 .
discussed Cited "see" Christine Moore v. Forrest City School District
8th Cir. · 2008 · signal: see · confidence high
See White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir. 1993) (stating that when a plaintiff's claim is based on the employer's failure to promote, the burden is on the plaintiff to prove that she applied for the position at issue).
discussed Cited "see" Moore v. Forrest City School District
8th Cir. · 2008 · signal: see · confidence high
See White v. McDonnell Douglas Corp., 985 F.2d 434, 435 (8th Cir.1993) (stating that when a plaintiffs claim is based on the employer’s failure to promote, the burden is on the plaintiff to prove that she applied for the position at issue).
cited Cited "see" Linda Stevens v. St. Louis University Medical Center
8th Cir. · 1996 · signal: see · confidence high
See White v. McDonnell Douglas, 985 F.2d 434, 435 (8th Cir.1993). (3) Pretext.
cited Cited "see" Linda Stevens v. St. Louis Univ.
8th Cir. · 1996 · signal: see · confidence high
See White v. McDonnell Douglas, 985 F.2d 434, 435 (8th Cir. 1993). (3) Pretext.
discussed Cited "see" Chris DAVIS, Appellant, v. FLEMING COMPANIES, INC., Appellee (2×)
8th Cir. · 1995 · signal: see · confidence high
See White v. McDonnell Douglas Corp., 985 F.2d 434, 437 (8th Cir.1993).
discussed Cited "see" 64 Fair empl.prac.cas. (Bna) 1633, 64 Empl. Prac. Dec. P 43,065 Patrick K. Sweeney v. City of Ladue City of Ladue Police Department Edith J. Spink, Mayor of the City of Ladue Edwin B. Meissner, Chairman of the City of Ladue Board of Armed Police Commissioners Embert Dwyer, Vice-Chairman of the City of Ladue Board of Armed Police Commissioners Calvin Dierberg, Chief of the Ladue Police Department
8th Cir. · 1994 · signal: see · confidence high
See White v. McDonnell Douglas Corp., 985 F.2d 434, 436 (8th Cir.1993) (finding no genuine issue of fact regarding either discriminatory intent or the credibility of the employer's reasons for its decisions).
discussed Cited "see" Sweeney v. City of Ladue
8th Cir. · 1994 · signal: see · confidence high
See White v. McDonnell Douglas Corp., 985 F.2d 434, 436 (8th Cir.1993) (finding no genuine issue of fact regarding either discriminatory intent or the credibility of the employer’s reasons for its decisions).
Retrieving the full opinion text from the archive…
61 Fair empl.prac.cas. (Bna) 268, 60 Empl. Prac. Dec. P 42,037 Michael White
v.
McDonnell Douglas Corporation McDonnell Douglas Aircraft
92-2406.
Court of Appeals for the Eighth Circuit.
Mar 30, 1993.
985 F.2d 434
Doris Gregory Black, St. Louis, MO, argued, for appellant., Sabrina M. Wrenn, St. Louis, MO, argued (Dennis C. Donnelly and Anne J. Erwin, On the brief), for appellees.
Arnold, Gibson.
Cited by 31 opinions  |  Published
MORRIS SHEPPARD ARNOLD, Circuit Judge.

Michael White worked for the McDonnell Douglas Corporation between mid-1979 and late 1990, when he was laid off. In 1987, Mr. White sued McDonnell Douglas, alleging race discrimination; he subsequently dropped the suit but refiled it in 1988. The trial court granted summary judgment to McDonnell Douglas in that suit in late 1989 after Mr. White failed to respond to the company’s motion for summary judgment; that judgment was affirmed on appeal. See White v. McDonnell Douglas Corp., 904 F.2d 456 (8th Cir.1990) (per curiam).

Between late 1989 and mid-1990, McDonnell Douglas posted announcements for 12 open positions requiring computer programming skills. Mr. White, a black man with computer programming experience, applied to be promoted to at least 11 (and possibly all 12) of those positions but was never selected. In late 1990, he sued McDonnell Douglas again, alleging that the company’s failure to promote him to any of the positions for which he had applied was the result of race or sex discrimination, or was in retaliation for his earlier lawsuit.

In mid-1992, the trial court granted McDonnell Douglas’s motion for summary judgment in this case. Mr. White appeals from that judgment, arguing that he presented sufficient evidence to establish the existence of a genuine issue of material fact, and thus to preclude summary judgment. We affirm the trial court for the reasons stated below.

I.

Mr. White sues under 42 U.S.C. § 2000e-2(a)(1), which prohibits employment discrimination based on race or sex, and under 42 U.S.C. § 2000e-3(a), which prohibits retaliation by an employer against an employee for bringing charges alleging race or sex discrimination by the employer. We deal with these statutory prohibitions individually.

The plaintiff in a case alleging race or sex discrimination has the initial burden of establishing a prima facie case of discrimination, that is, producing evidence that would entitle him to prevail unless contradicted and overcome by evidence produced by the defendant. . Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 254, 254 n. 7, 101 S.Ct. 1089, 1094, 1094 n. 7, 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). If a plaintiff shows that he is a member of a protected class (here, blacks or men), that he was qualified for the position for which he applied, that he was not chosen for that position, and that whites or women with the same qualifications as the plaintiff were chosen, he has established a prima facie case of dispar rate treatment. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824.

Establishing a prima facie ease creates a presumption that the employer has discriminated unlawfully against the plaintiff. Burdine, 450 U.S. at 254, 101 S.Ct. at 1094. A burden shifts to the employer, then, to rebut that presumption by producing evidence that the employer chose someone other than the plaintiff for a legitimate, nondiscriminatory reason. Id. The employer’s explanation of its action must be “clear and reasonably specific,” id. at 258, 101 S.Ct. at 1096, but the employer does not have to prove to the court that it was motivated by the proffered reason.[*436] Id. at 254, 101 S.Ct. at 1094. The burden is one of production only, not proof. Id. at 253, 257, 260, 101 S.Ct. at 1093, 1095, 1097. “It is sufficient if the [employer’s] evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff. To accomplish this, the defendant must clearly set forth ... the reasons for the plaintiff’s rejection.” Id. at 254-55, 101 S.Ct. at 1094.

If the employer articulates a reason sufficient to rebut a prima facie case, the inquiry proceeds to a “new level of specificity.” Id. at 255, 101 S.Ct. at 1095. The plaintiff is entitled to the opportunity to show that the stated reason for the employer’s action was “in fact pretext.” McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. at 1825. The plaintiff can show pretext either “by persuading the court that a discriminatory reason more likely motivated the employer or ... by showing that the employer’s proffered explanation is unworthy of credence.” Burdine, 450 U.S. at 256. The Supreme Court has made clear that the ultimate inquiry is whether the employer intentionally discriminated against the plaintiff. United States Postal Service Board of Governors v. Aikens, 460 U.S. 711, 715, 103 S.Ct. 1478, 1481, 75 L.Ed.2d 403 (1983). “In short, the district court must decide which party’s explanation of the employer’s motivation it believes.” Id. at 716, 103 S.Ct. at 1482.

In its opinion and order granting summary judgment, the trial court found that Mr. White had established the existence of a genuine issue of material fact on the question of whether he was qualified for the positions for which he applied, and had therefore made out a prima facie case. The trial court went on to discuss the reasons given by McDonnell Douglas for its failure to choose Mr. White for any of those positions and concluded that McDonnell Douglas had stated specific reasons in each case why Mr. White was not qualified for the positions in question. The trial court then found, as to evidence of pretext, that Mr. White had failed to provide any evidence of discriminatory intent or any reason why McDonnell Douglas’s explanations were not believable. Accordingly, the trial court granted summary judgment to McDonnell Douglas on the race and sex discrimination claims.

We have trouble reconciling the trial court’s holding that Mr. White had created a genuine issue of material fact with respect to his qualifications and its simultaneous acceptance of McDonnell Douglas’s explanations for why Mr. White was not qualified for those positions. Perhaps the trial court meant to say that Mr. White’s evidence, by itself, would have made out a prima facie case, but that no reasonable person could conclude, after hearing all of the evidence, that Mr. White was qualified for the positions that he sought. We emphasize, however, that the structure created by McDonnell Douglas and Burdine is not about the order of proof or production but about the burden of proof and production.

Nevertheless, having made an independent examination of the record, we affirm the district court. Mr. White argues that, at the very least, his submissions establish the existence of a genuine issue of material fact in respect to pretext. We disagree. We have considered his affidavit, his deposition testimony (Mr. White submitted no deposition transcripts with his appellate materials; the court therefore could consider only those transcript excerpts submitted by McDonnell Douglas), his résumé, and the personnel records of all of the persons chosen for the positions in question—in short, all of the evidence to which Mr. White directs us in his appellate brief. We find nothing in these materials that establishes a genuine issue of fact with respect either to discriminatory intent on the part of McDonnell Douglas or to the credibility of the reasons given for McDonnell Douglas’s choices for the positions in question. See 10A C. Wright, A. Miller, and M. Kane, Federal Practice and Procedure: Civil 2d § 2726 at 118-19, § 2727 at 133-37, 143-45, 148, 157-69 (1983). See also In the Matter of Citizens Loan and Savings Co., 621 F.2d 911, 913 (8th Cir.1980); Lundeen v. Cordner, 356 F.2d 169, 170-71 (8th Cir.1966) (per curiam); and Lundeen v. Cordner, 354 F.2d 401, 407-08 (8th Cir.1966). We therefore affirm the trial court’s order[*437] granting summary judgment to McDonnell Douglas on the race and sex discrimination claims.

II.

We turn, then, to Mr. White’s retaliation claim. To prevail on a claim in respect to retaliation, a plaintiff must show that he brought charges of some type against the employer alleging race or sex discrimination, that he subsequently suffered from an adverse employment decision, and that the adverse decision by the employer was because the plaintiff had brought the charges in question. Sherpell v. Humnoke School District No. 5, 874 F.2d 536, 540 (8th Cir.1989).

The trial court in this case found that Mr. White had met the first two of these requirements but had failed to establish the existence of a genuine issue of material fact as to the third. Having examined the record independently, we agree. We therefore affirm the trial court’s order granting summary judgment to McDonnell Douglas on the retaliation claim.

III.

For the reasons stated, the trial court’s order granting summary judgment to McDonnell Douglas is affirmed.