Bobbette Blake v. MJ Optical
870 F.3d 820
8th Cir.2017Background
- Blake worked for MJ Optical (and predecessor) for ~40 years as a bench technician; Marty Hagge (vice-president) interacted with her daily and they had a generally positive, sometimes social, relationship for decades.
- Beginning in 1999, Blake alleges repeated sexual touching (grabs and smacks of her buttocks) and lewd comments by Marty; she never told Marty or management that the conduct was unwelcome until the day before she quit.
- Blake experienced repeated age-related comments from Marty (e.g., "watch her die," "too old" to carry trays) but did not complain about those remarks either.
- In May 2013 a work-quality dispute led Marty to temporarily reassign Blake; when she returned to her station he angrily told her to sit down, which left her shaken; she reported that outburst to Mary Hagge (company president and Marty’s mother) the same day but did not mention sex- or age-based harassment.
- Blake resigned by voicemail that afternoon, citing fear of Marty’s uncontrolled anger, belief the work problem would not be fixed, and concerns about being "weeded out" for age; she did not give MJ Optical an earlier chance to remedy the alleged harassment.
- Blake sued under Title VII, the ADEA, and Nebraska counterparts for sex discrimination, age discrimination, and hostile work environment; the district court granted summary judgment for MJ Optical and the Eighth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Blake suffered an adverse employment action for sex discrimination (constructive discharge) | Blake contends employer failed to control Marty’s conduct, forcing her to quit | MJ Optical says Blake quit without giving employer a reasonable chance to remedy and did not report sex-based misconduct | Held: No adverse action — constructive discharge fails because Blake did not reasonably seek a remedy before quitting |
| Whether Blake suffered an adverse employment action for age discrimination | Blake claims age-based comments and alleged "weeding out" contributed to her resignation | MJ Optical contends same failure to report/seek remedy; no evidence of adverse action tied to age | Held: No adverse action — age-discrimination disparate-treatment claim fails for same reason |
| Whether Marty’s conduct created a hostile work environment (unwelcome harassment) | Blake argues long‑running sexual and age‑based misconduct created a hostile environment | MJ Optical argues Blake’s conduct and long relationship with Marty show she did not indicate unwelcomeness; she never complained timely | Held: No hostile work environment — Blake failed to show she indicated conduct was unwelcome in a timely manner |
| Whether employer liability exists where harasser is a supervisor | Blake relies on supervisory status to hold employer accountable | MJ Optical notes Marty was a supervisor but emphasizes lack of notice and opportunity to cure | Held: Court did not reach employer-knowledge element (Marty was a supervisor); disposition rests on unwelcomeness and absence of adverse action |
Key Cases Cited
- Torgerson v. City of Rochester, 643 F.3d 1031 (8th Cir. 2011) (summary-judgment standard and plaintiff’s burden at trial)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for discrimination claims)
- Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986) (hostile-work-environment requires conduct be unwelcome)
- Stuart v. Gen. Motors Corp., 217 F.3d 621 (8th Cir. 2000) (absence of timely complaints can show conduct was not indicated as unwelcome)
- Trierweiler v. Wells Fargo Bank, 639 F.3d 456 (8th Cir. 2011) (employee must give employer reasonable chance to remedy before claiming constructive discharge)
- Alvarez v. Des Moines Bolt Supply, Inc., 626 F.3d 410 (8th Cir. 2010) (futility argument rejected where plaintiff did not attempt to notify employer)
- Jenkins v. Univ. of Minn., 838 F.3d 938 (8th Cir. 2016) (examples of sufficient indication of unwelcomeness: repeated refusals and reporting to authorities)
- Beach v. Yellow Freight Sys., 312 F.3d 391 (8th Cir. 2002) (repeated complaints to management can support hostile-work-environment claim)