United States Eighth Circuit

Summary judgment for defendant-construction company in a suit raising Title VII and Age Discrimination in Employment Act claims is affirmed where: 1) a limited number of offensive comments were not sufficient to create a hostile work environment, and assuming that other remarks were sufficiently pervasive, defendant's antidiscrimination policies and plaintiff's failure to use its remedies established the Ellerth-Faragher defense; 2) discriminatory discharge and age discrimination claims failed as plaintiff failed to present evidence that defendant's reasons for failing to hire him were a pretext for unlawful discrimination; and 3) defendant offered undisputed evidence that all gate guards received their requisite wages.

Appellate Information

• Decided 12/06/2006
• Published 12/06/2006

Judges

• LAY, Circuit Judge., Before LOKEN, Chief Judge, LAY and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen C. Fiebiger, argued, Burnsville, Minnesota, for appellant., Anne N. Occhialino, argued, Washington, D.C. (James L. Lee, Carolyn L. Wheeler, Lorraine C. Davis, and Susan R. Oxford, on the brief), for amicus curiae.


• For Appellees:
  
• Dominic J. Cecere, argued, Minneapolis, Minnesota (Joel E. Abahamson and Tracey Holmes Donesky, on the brief), for appellee.