Eartha McMiller v. Metro
738 F.3d 185
8th Cir.2013Background
- McMiller began as a second shift storeroom supervisor at Metro in March 2007 and was supervised by Brown.
- McMiller alleges Brown made sexual advances in April 2007, including kissing her face and abductive touching.
- In May 2007 Brown again attempted to touch her; she warned him to stop and described a changed, hostile demeanor afterward.
- McMiller reported harassment to Hunt in July 2007; Hunt did not follow up as to further discussion.
- Brown and Miller later issued McMiller performance concerns, leading Hunt to prepare a written performance plan; McMiller was terminated August 28, 2007.
- McMiller sued in January 2009 asserting Title VII harassment and age discrimination; district court granted summary judgment, and on appeal the panel affirmed in part and reversed in part, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown's conduct created a hostile work environment | McMiller contends conduct was severe and pervasive due to repeated physical advances by a supervisor. | Metro argues the conduct was not severe or pervasive enough to alter terms or conditions. | Not severe or pervasive enough for hostile environment; summary judgment affirmed on this claim. |
| Whether there was quid pro quo harassment | McMiller argues Brown conditioned continued employment on sexual cooperation and terminated her for refusal. | Metro contends any alleged quid pro quo was not proven to be based on sex or causally tied to termination. | Evidence creates a genuine issue of fact for trial on quid pro quo harassment. |
Key Cases Cited
- Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (U.S. 1998) (distinguishes hostile environment and quid pro quo theories)
- Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (U.S. 1986) (establishes hostile environment framework)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (U.S. 1993) (circumstances look at frequency, severity, and impact on work)
- Duncan v. General Motors Corp., 300 F.3d 928 (8th Cir. 2002) (illustrates boundaries of hostile environment)
- Anderson v. Family Dollar Stores of Arkansas, Inc., 579 F.3d 858 (8th Cir. 2009) (physical conduct by supervisor evaluated for hostility)
- Rorie v. United Parcel Service, Inc., 151 F.3d 757 (8th Cir. 1998) (borderline harassment case; relevance to severity analysis)