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HOLLY v. TAMKO BLDG. PRODUCTS, INC.

No. SD 30138.

318 S.W.3d 284 (2010)

Darwin HOLLY, Appellant, v. TAMKO BUILDING PRODUCTS, INC., and Missouri Division of Employment Security, Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer to Supreme Court Denied August 6, 2010.

Application for Transfer Denied September 21, 2010.

Attorney(s) appearing for the Case

James D. McNabb of Springfield, MO, for Appellant.

Virginia L. Fry of Springfield, MO, for Respondent, TAMKO.

Rachel M. Lewis , Bart Matanic , Jefferson City, MO, for Respondent Employment Security.

WILLIAM W. FRANCIS, JR., Judge.

Darwin Holly ("Appellant") appeals a decision by the Labor and Industrial Relations Commission ("Commission") denying him unemployment benefits. The Commission found that a comment by Appellant that he was eating "Obama fruit" while holding a slice of watermelon at the company picnic of his employer, TAMKO Building Products, Inc. ("TAMKO"), violated TAMKO's racial harassment policy; therefore, it amounted to misconduct related to work...

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