Knapp v. Ruser
297 Neb. 639
| Neb. | 2017Background
- Patricia Knapp was a long-time part-time then full-time supervising attorney in the University of Nebraska College of Law civil clinic who alleged sex-based pay and employment discrimination and retaliation after learning of higher pay for male clinic faculty and complaining about gender inequities and ethical concerns.
- Knapp accepted a full-time temporary lecturer (special appointment) role in 2011 at $80,000; a male professor hired in 2012 teaching a different clinic was paid substantially more and held tenure-track duties (research, outreach, admin).
- Knapp complained to director Kevin Ruser about perceived gender pay/classification disparities; she alleges his attitude and communication declined and management of clinic duties faltered, and she resigned effective May 31, 2013 after raising concerns with the dean.
- Knapp filed federal claims (Title VII and Equal Pay Act) and state claims (Nebraska Fair Employment Practice Act, Nebraska wage statutes, and a public-policy retaliation claim). The federal court dismissed the federal claims and remanded four state-law claims (fourth, fifth, seventh, ninth) to state court.
- The Lancaster County district court granted summary judgment for defendants on the remanded state claims, holding Knapp failed to establish prima facie discrimination or materially adverse retaliation; Knapp’s motion to alter or amend was denied. The Nebraska Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Knapp stated an NFEPA discrimination claim (improper classification/failure to hire) | Knapp argued the court should treat her claim as improper classification under §48-1104(2) and that males were classified/promoted differently | Defendants argued comparators had materially different duties (tenure-track responsibilities) and Knapp never applied for tenure positions | Court analyzed under McDonnell Douglas and held Knapp failed to prove similarly situated male comparators; summary judgment affirmed |
| Whether Knapp stated a wage-discrimination claim under §48-1221(1) (state EPA) | Knapp argued male clinic faculty were paid more for comparable work | Defendants argued the males performed substantially different work (research, admin, community outreach) so jobs were not "equal" | Court adopted federal EPA standards and held Knapp failed to show substantially equal work or comparable duties; summary judgment affirmed |
| Whether Knapp stated an NFEPA retaliation claim (§48-1114) | Knapp argued Ruser’s post-complaint conduct created hostile/constructive conditions and materially adverse action leading to resignation | Defendants argued alleged slights, reduced communication, and disengagement were minor; no materially adverse action or concrete harm shown | Court held the conduct was petty/slights not materially adverse to a reasonable employee; summary judgment affirmed |
| Whether Knapp’s public-policy retaliation claim (tort-based) was viable | Knapp invoked a public-policy exception (ethical duties of lawyers/law firms) to at-will employment, arguing retaliation for raising ethical concerns | Defendants argued public-policy exception applies to discharge/demotion and there was no discharge/demotion/constructive discharge shown | Court declined to extend relief because no material adverse employment action (no discharge/demotion/constructive discharge); summary judgment affirmed |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (framework for prima facie disparate-treatment cases)
- Burlington N. & S.F. R. Co. v. White, 548 U.S. 53 (standard for materially adverse action in retaliation claims)
- Trosper v. Bag ’N Save, 273 Neb. 855 (public-policy exception to at-will employment limited to clear mandates and manageable standards)
- Hartley v. Metropolitan Util. Dist., 294 Neb. 870 (NFEPA is patterned after Title VII; federal framework guides state interpretation)
- Hunt v. Nebraska Public Power Dist., 282 F.3d 1021 (Eighth Circuit formulation of prima facie claim under Equal Pay Act)
- Price v. Northern States Power Co., 664 F.3d 1186 (application of EPA prima facie standards)
- Jackson v. Morris Communications Corp., 265 Neb. 423 (recognition of public-policy exception for retaliatory discharge)