United States Eighth Circuit

In a suit alleging sexual harassment based on a hostile work environment and constructive discharge, summary judgment for employer is affirmed where: 1) the conduct plaintiff complained of did not rise to the level of severe and pervasive conduct necessary to establish a hostile work environment claim; 2) even if it did rise to such level, defendant took prompt and effective remedial action and plaintiff failed to establish a genuine issue of material fact as to whether defendant knew or should have know about the sexual harassment incidents plaintiff failed to report to her managers; and 3) a constructive discharge claim failed.

Appellate Information

• Decided 02/19/2008
• Published 02/19/2008

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Steven A. Smith, argued, Minneapolis, MN (Robert L. Schug, on the brief), for appellant.


• For Appellees:
  
• Thomas E. Marshall, argued, Minneapolis, MN (Gina K. Janeiro, on the brief), for appellee.