Kevin LaBranche sued the Circuit Court of Jackson County in Missouri state court, raising claims of discrimination based on age, race, and sex, hostile work environment, and retaliation under the Missouri Human Rights Act. The trial court granted summary judgment to the employer, and LaBranche appealed to the Missouri Court of Appeals.
Factual Overview
LaBranche, a White male over forty, worked for the Circuit Court of Jackson County in various positions since 1986. In 2016, after a new Superintendent of Detention questioned his work performance and trustworthiness regarding safety audits, LaBranche was removed from conducting certain walk-throughs. In 2018, LaBranche applied for but was not selected for several positions, including Superintendent of Detention, which went to S.M., a Black female over forty with substantial qualifications. LaBranche filed an internal grievance alleging discrimination based on age, race, and gender, claiming positions were predominantly being filled by Black females under forty. After filing his grievance, LaBranche continued to apply for various positions but was not selected. He subsequently filed suit in July 2020.
Legal Analysis
Motion to Strike Affidavit: The court analyzed whether the trial court erred in considering the affidavit of M.J., the Director of Human Resources, which formed a substantial basis for the employer’s summary judgment motion. The court found that M.J.’s affidavit violated Rule 74.04(e) because it relied on business records that were not attached to the affidavit or served with it. The court determined that M.J.’s statements were based on his review of records rather than personal knowledge, making the affidavit insufficient to support summary judgment without the underlying documentation.
Procedural Defects in Appeal: The court declined to address LaBranche’s second argument regarding the trial court’s invitation to expand the summary judgment record, finding that the argument section of his brief violated Rule 84.04 by failing to include proper citations, legal analysis, or references to the record.
The Missouri Court of Appeals reversed the grant of summary judgment and remanded the case for further proceedings, finding that without the improperly considered affidavit, there were insufficient uncontroverted facts to support summary judgment.
Schrag on Law 