Wilkie v. Department of Health and Human Services
2011 U.S. App. LEXIS 8553
| 8th Cir. | 2011Background
- Dr. Wilkie sued the Department of Health and Human Services in the Eighth Circuit, alleging Title VII violations and related claims.
- District court dismissed pre-2005 misconduct for failure to exhaust administrative remedies and granted summary judgment on hostile work environment, constructive discharge, sex discrimination, and retaliation.
- MSPB proceedings followed her 2006 resignation; MSPB initial decision dismissed as outside jurisdiction; MSPB denied petition for review.
- Dr. Wilkie refiled in 2008 asserting exhaustion and reasserting Title VII and other state claims.
- District court dismissed pre-2005 claims as unexhausted; the court also granted summary judgment on hostile environment, constructive discharge, sex discrimination, and retaliation.
- The Ninth Circuit affirmed the district court’s rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion for pre-2005 conduct | Wilkie exhausted via 2005–2006 events | Pre-2005 acts not exhausted; 45-day clock violated | Pre-2005 claims untimely for lack of exhaustion |
| Hostile work environment showing | 2005 acts created hostile environment based on gender | Harassment not severe or pervasive enough | No actionable hostile environment based on the record |
| Constructive discharge | Harassment rendered conditions intolerable, forcing resignation | No actionable hostile environment; no tangible action against Wilkie | Constructive discharge not proven; claim fails |
| Sex discrimination prima facie case | Harassment constituted sex discrimination; same acts treated differently | No adverse employment action; misalignment with prima facie elements | No adverse action; sex discrimination claim fails |
| Retaliation for reporting harassment | Reported harassment; asserted retaliatory actions | No materially adverse action linked to protected conduct | No prima facie retaliation; claim fails |
Key Cases Cited
- Morgan v. National Railroad Passenger Corp., 536 U.S. 101 (U.S. 2002) (timing of hostile-environment claims and Morgan-related tolling applicable to 45-day rule)
- Jessie v. Potter, 516 F.3d 709 (8th Cir. 2008) (mental incapacity tolling requires substantial impairment of understanding)
- McDonnell v. Cisneros, 84 F.3d 256 (7th Cir. 1996) (framework for discrimination prima facie showing; not controlling here but cited for standard)
- Clegg v. Ark. Dep’t of Corr., 496 F.3d 922 (8th Cir. 2007) (adverse action definition in Title VII context)
- Duncan v. Gen. Motors Corp., 300 F.3d 928 (8th Cir. 2002) (examples of conduct not sufficient for hostile environment)
- O’Brien v. Dept. of Agric., 532 F.3d 805 (8th Cir. 2008) (constructive discharge analysis in hostile environment context)
- Rowe v. Hussmann Corp., 381 F.3d 775 (8th Cir. 2004) (continuous hostile environment analysis under Morgan framework)
- Philip v. Ford Motor Co., 413 F.3d 766 (8th Cir. 2005) (prima facie gender discrimination framework)