United States Eighth Circuit

In an action brought by a sales and delivery driver for defendant asserting claims of gender discrimination, hostile work environment, and retaliation under Title VII and state law, summary judgment for employer is affirmed where: 1) plaintiff failed to establish a prima facie case of retaliation; 2) she failed to establish a hostile work environment claim as she presented no evidence of workplace conduct which rose to the level of actionable harassment; 3) a prima facie case of gender discrimination was not established due to a failure to demonstrate an adverse employment action; and 4) the conduct pointed to by plaintiff was not severe or pervasive enough to support an argument she was constructively discharged.

Appellate Information

• Decided 07/06/2007
• Published 07/06/2007

Judges

• BYE, Circuit Judge., Before BYE, SMITH, and BEAM, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Jessica J. Clay of Minneapolis, MN. James H. Kaster and Adam A. Gillette of Minneapolis appeared on the brief.


• For Appellees:
  
• Kurt J. Erickson, Jackson Lewis LLP, argued, Minneapolis, MN, for appellee.