Knapp v. Ruser
297 Neb. 639
| Neb. | 2017Background
- Patricia Knapp was a long-time supervising attorney in the University of Nebraska College of Law civil clinic who worked largely in a nontenure, temporary lecturer role and transitioned to full-time in 2011.
- Knapp learned a male clinic hire received a substantially higher salary and complained about perceived gender pay/equity problems to director Kevin Ruser and the dean.
- Knapp alleges after she complained Ruser became hostile, disengaged from clinic duties, and the working environment deteriorated, prompting her departure in May 2013.
- She originally brought federal and state claims; federal court dismissed her federal Title VII and EPA claims and remanded four state-law claims (wage discrimination under Nebraska law, sex discrimination, retaliation under the Nebraska Fair Employment Practice Act (NFEPA), and a public-policy retaliation claim) to state court.
- The Lancaster County district court granted defendants’ summary judgment on the four remanded state claims, concluding Knapp failed to make prima facie showings (no similarly situated male comparators, no materially adverse actions). Knapp’s motion to alter or amend was denied.
- The Nebraska Supreme Court affirmed, applying federal analogue frameworks (McDonnell Douglas, EPA/Title VII standards) and finding no genuine dispute of material fact supporting Knapp’s claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Knapp proved sex discrimination under NFEPA (§ 48-1104) / improper classification | Knapp argued she was impermissibly classified/treated less favorably (moved to tenure-track and higher pay) and the court should analyze classification claim under § 48-1104(2) | Defendants argued comparators were not similarly situated (different duties/titles) and evidence showed positions were nontenure vs. tenure-track | Court: Affirmed—treated claim under McDonnell Douglas; Knapp failed to identify similarly situated male comparators, so no prima facie case |
| Whether Knapp proved wage discrimination under Neb. Rev. Stat. § 48-1221(1) (EPA analogue) | Knapp argued male clinic/faculty were paid more for effectively equal work | Defendants argued male comparators had substantially different duties (research, administration, community service) so jobs were not substantially equal | Court: Affirmed—applied EPA framework; jobs not substantially equal, so no prima facie wage-discrimination shown |
| Whether Knapp proved retaliation under NFEPA (§ 48-1114) | Knapp argued she engaged in protected opposition and thereafter suffered hostile conduct that forced her to leave | Defendants argued alleged slights/withdrawal were minor, not materially adverse, and did not constitute adverse employment action or causal nexus | Court: Affirmed—conduct was petty/slights, not materially adverse; no actionable retaliation |
| Whether Knapp stated a public-policy retaliation claim (tort/ethical-based) | Knapp argued clinic was like a law firm, raising ethical concerns implicating public policy and supporting retaliatory-discharge/demotion claim | Defendants argued no discharge, demotion, or materially adverse employment action occurred to trigger public-policy exception to at-will rule | Court: Affirmed—public-policy exception limited to discharge/demotion; Knapp did not show discharge/demotion or constructive discharge resulting from materially adverse action |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (framework for prima facie disparate-treatment claims)
- 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 public-policy mandates)
- Hartley v. Metropolitan Util. Dist., 294 Neb. 870 (NFEPA interpreted with guidance from federal Title VII precedents)
- Hunt v. Nebraska Public Power Dist., 282 F.3d 1021 (Eighth Circuit formulation for EPA equal-work analysis)
- Price v. Northern States Power Co., 664 F.3d 1186 (Eighth Circuit on EPA prima facie burden and affirmative defenses)
- Knapp v. Ruser, 145 F. Supp. 3d 846 (D. Neb. 2015) (prior federal-court summary judgment dismissing federal claims and remanding state claims)