Stoddard v. BE & K, Inc.
993 F. Supp. 2d 991
S.D. Iowa2014Background
- Corrina Stoddard worked for BE & K (later KBR) as a planner’s assistant; Kevin Jones was her project site manager and supervisor of the administrative team.
- In early 2009 Jones twice yelled at Stoddard and other female administrative employees about poor productivity and inappropriate, non-work emails; he also once briefly rubbed Stoddard’s shoulders and later purportedly ignored her after her engagement.
- Stoddard complained to supervisors and the company hotline about Jones’s behavior beginning in February–April 2009. BE & K counseled Stoddard on performance and gossip on April 21, 2009.
- Stoddard missed work May 12–14, 2009 without advance notice; returned May 15 with a doctor’s note and was summoned to meet Jones and HR. Believing she was being fired, she surrendered her company badge and left; defendants dispute that they actually told her she was terminated.
- Stoddard sued alleging hostile work environment and retaliation under Title VII and the Iowa Civil Rights Act (ICRA), plus IIED and aiding-and-abetting claims. Defendants moved for summary judgment, which the court granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hostile work environment (Title VII & ICRA) | Jones’ repeated yelling targeted only women and one shoulder rub, plus differential treatment, created a hostile environment | Jones yelled for work-related reasons (poor productivity/inappropriate emails); conduct was isolated and not based on sex | Court: conduct was isolated/offensive but not sufficiently severe or pervasive or clearly gender-based; summary judgment for defendants |
| Retaliation (Title VII & ICRA) | Complaints to supervisors and hotline about Jones led to adverse action (constructive termination May 15) close in time to protected activity | No protected activity showing sex-based complaint; any adverse action was termination for attendance policy and performance | Court: plaintiff failed to show protected activity and causation; even assuming prima facie case, employer proffered legitimate nondiscriminatory reasons and plaintiff showed no pretext; summary judgment |
| Intentional infliction of emotional distress (IIED) | Jones’ conduct (screaming, shoulder rub, threats) caused severe emotional harm | IIED is preempted by ICRA; even if not, conduct not “outrageous” as required | Court: IIED preempted by ICRA and, on merits, conduct not extreme/egregious enough; claim dismissed |
| Aiding and abetting (ICRA against Jones) | Jones aided/abetted discriminatory practice by his conduct | Under ICRA aiding/abetting requires underlying unlawful discrimination; no surviving discrimination or retaliation claims | Court: because discrimination/retaliation claims fail, aiding and abetting fails; summary judgment |
Key Cases Cited
- Popoalii v. Correctional Medical Services, 512 F.3d 488 (8th Cir. 2008) (courts may disregard affidavits that contradict prior deposition testimony)
- Camfield Tires, Inc. v. Michelin Tire Corp., 719 F.2d 1361 (8th Cir. 1983) (affidavits that contradict earlier deposition testimony cannot create sham issues of fact)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment framework and burdens)
- Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993) (hostile work environment requires severe or pervasive harassment)
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (isolated incidents ordinarily do not constitute hostile environment)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for discrimination/retaliation claims)
- Rester v. Stephens Media, LLC, 739 F.3d 1127 (8th Cir. 2014) (demanding standard for hostile work environment; extreme conduct required)
- Wierman v. Casey’s General Stores, 638 F.3d 984 (8th Cir. 2011) (violation of attendance policy is a legitimate nondiscriminatory reason for termination)