Schrag on Law

Pro Se Dismissal Reversed: Swinson v. IUE-CWA Loc. 86821, No. 24-1084 (8th Cir. July 1, 2024) (per curiam)

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Ernest Antoine Swinson sued IUE-CWA Local 86821 and various individuals in the United States District Court for the Western District of Missouri, raising employment-related claims. The district court dismissed Swinson’s pro se action, and Swinson appealed the decision to the United States Court of Appeals for the Eighth Circuit.

Factual Overview

Swinson, an employee and member of the IUE-CWA Local 86821 union, alleged that he was subjected to discrimination, a hostile work environment, and a breach of fiduciary duty by the union and various individuals. He also claimed that the union retaliated against him by removing him from his position as Diversity Ambassador immediately after he complained of sexual harassment by a union official.

Legal Analysis

Individual Liability under Title VII: The Eighth Circuit affirmed the district court’s dismissal of Swinson’s Title VII claims against individual employees and union members, stating that individual employees are not personally liable under Title VII.

Union Liability for Discrimination and Hostile Work Environment: The court also upheld the dismissal of Swinson’s claims against the union for discrimination, hostile work environment, and breach of fiduciary duty. Swinson failed to plausibly allege that the union had a policy of rejecting disparate-treatment grievances or that the union itself instigated or supported the employer’s alleged discriminatory acts.

Retaliation Claim: However, the Eighth Circuit reversed the dismissal of Swinson’s retaliation claim against the union. Accepting Swinson’s allegations as true, the court found that he plausibly stated a claim of retaliation under 42 U.S.C. § 2000e-3. The court noted that plaintiffs alleging retaliation must show a materially adverse action that would dissuade a reasonable worker from making or supporting a charge of discrimination.

The Eighth Circuit affirmed the dismissal of most of Swinson’s claims but reversed the dismissal of the retaliation claim against the union and remanded it for further proceedings.