United States Eighth Circuit

In a Title VII suit brought by female former employee against a non-profit juvenile correctional facility alleging sexual harassment, retaliation, and constructive discharge, summary judgment for defendant is affirmed where: 1) in the absence of special circumstances not present, the conduct of inmates could not be attributed to an employer to show that the harassment affected a term, condition, or privilege of employment; 2) conduct of plaintiff's co-workers, while inappropriate for the workplace, was not so severe as to affect a term, condition or privilege of employment; 3) a requirement that plaintiff obtain supervisor approval before disciplining inmates would not likely dissuade a reasonable worker from making a charge of discrimination for purposes of a retaliation claim; and 4) she failed to produce evidence that her employer intentionally created an intolerable work condition in an effort to cause her to resign.

Appellate Information

• Decided 04/25/2007
• Published 04/25/2007

Judges

• SMITH, Circuit Judge., Before MURPHY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David A. Arndt, argued, Minneapolis, MN (Julie A. Matonich, Hibbing, Minnesota, on the brief), for appellant., Barbara L. Sloan, argued, Washington, D.C., for amicus appellant.


• For Appellees:
  
• Lee M. Friedman, argued, Minneapolis, Minnesota (Daniel R. Wachtler, Minneapolis, Minnesota, on the brief), for appellee.