Alvarez v. Des Moines Bolt Supply, Inc.
2010 U.S. App. LEXIS 23627
| 8th Cir. | 2010Background
- Alvarez, a DMB employee, alleged Title VII and Iowa CRA retaliation and hostile environment claims.
- She documented harassment by non-supervisory co-workers starting Sept 2005, including Nurnberg.
- Alvarez complained to HR and supervisors about sexual comments and touching.
- January 2006: Alvarez reported butt-slapping; written complaints followed.
- DMB investigated, suspended Alvarez and Nurnberg for five days on Jan 31, 2006; Nurnberg transferred afterwards.
- Alvarez resigned May 2, 2006; district court granted DMB summary judgment on all claims; Alvarez appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retaliation for harassment complaint by suspension | Alvarez contends suspension was retaliatory | DMB acted on a good faith belief of policy violation | No genuine issue of material fact; no pretext; affirmed summary judgment for DMB |
| Constructive discharge due to ongoing harassment | Harassment after suspension forced resignation | Failure to report post-suspension harassment bars claim | Claim fails; no reasonable opportunity given to remedy; affirmed |
| Pre-suspension hostile environment | Harassment before Jan 10, 2006 constitutes hostile environment | Pre-complaint conduct not severe/pervasive enough | Harassment before Jan 10 not actionable; affirmed |
| Post-suspension harassment liability | DMB failed to remediate post-suspension harassment | DMB's prompt remedial action stopped harassment; not liable | DMB not liable; remedial action reasonably calculated to stop harassment; affirmed |
Key Cases Cited
- Vajdl v. Mesabi Acad. of KidsPeace, Inc., 484 F.3d 546 (8th Cir. 2007) (hostile environment standard requires severe or pervasive conduct)
- Richey v. City of Independence, 540 F.3d 779 (8th Cir. 2008) (employer must act in good faith after investigating misconduct)
- Carter v. Chrysler Corp., 173 F.3d 693 (8th Cir. 1999) (reasonableness of remedial measures considered)
- Dhyne v. Meiners Thriftway, Inc., 184 F.3d 983 (8th Cir. 1999) (time for remedial action may be reasonable during investigation)
- Gilooly v. Missouri Dept. of Health & Senior Services, 421 F.3d 734 (8th Cir. 2005) (genuine issue where discipline based on disbelief of complaint with no corroboration)