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Jain v. CVS Pharm., Inc.

United States Court of Appeals, Eighth Circuit

March 4, 2015

Dimple Jain, Plaintiff - Appellant
v.
CVS Pharmacy, Inc., Defendant - Appellee

Submitted January 13, 2015

Page 754

[Copyrighted Material Omitted]

Page 755

Appeal from United States District Court for the Western District of Missouri - Kansas City.

For Dimple Jain, Plaintiff - Appellant: Amy Laree Coopman, FOLAND & WICKENS, Kansas City, MO.

For CVS Pharmacy, Inc., Defendant - Appellee: Nicholas S. Billman, Jeannie M. DeVeney, LITTLER & MENDELSON, Kansas City, MO; Richard Matthew DeAgazio, Esq., EDWARDS & WILDMAN, Morristown, NJ; Aimee S. Lin, EDWARDS & WILDMAN, Madison, NJ.

Before LOKEN, MURPHY, and MELLOY, Circuit Judges.

OPINION

Page 756

MURPHY, Circuit Judge.

Dimple Jain, a woman of East Asian descent, worked as a staff pharmacist for CVS Pharmacy, Inc. and was promoted to head pharmacist at one of its stores. Seven months later, she was terminated. Jain sued CVS, claiming discrimination and retaliation in violation of the Missouri Human Rights Act. CVS moved for summary judgment which Jain opposed. She submitted a declaration from her husband stating that she had improved the ranking of her pharmacy in every performance metric. After striking the declaration, the district court[1] granted summary judgment to CVS, and Jain appealed. We affirm.

Page 757

CVS hired Jain as a staff pharmacist in 2006. She worked in that role until 2009 and claims that her coworkers and supervisors discriminated against her during that period. Staff pharmacists called her the " little Indian lady," and district manager Deone Petersen criticized her Indian clothing as unprofessional. Referring to her " bossy" attitude, pharmacy manager Bret Dobson remarked that " she was from India but might as well be from Germany." Despite these comments, Jain informed Petersen and her supervisor Amanda Deaner that she wanted to be promoted to head pharmacist, a position called the " pharmacist-in-charge" (PIC). She was offered the promotion after the PIC at Store 8578 was discharged for cursing at a customer. She accepted the offer but asked for permission to work a three day schedule. Supervisor Deaner agreed, and Jain began working as the PIC at Store 8578 on December 27, 2009.

In April 2010 Deaner learned that the store was struggling in numerous performance metrics. The Triple-S score, an objective measurement of service related competencies, was 83 out of a target score of 87. The Key Performance Measures (KPM) score, a composite of six different patient care initiatives, was 52 out of a target score of 90. And the Execution Scorecard, a measurement related to task completion, was only 36 percent. Deaner also learned that Jain had not been following company policies and that multiple complaints about the pharmacy had been filed. One complaint stated that the pharmacy ...


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