Ames v. Nationwide Mutual Ins. Co., et al., No. 12-3780 (8th Cir. 2014)
Annotate this CasePlaintiff filed sex- and pregnancy-based employment discrimination claims against Nationwide under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and the Iowa Civil Rights Act (ICRA), Iowa Code 216.6. The court concluded that plaintiff failed to meet her burden of demonstrating constructive discharge, where, even if her supervisor's comment that it was best that plaintiff go home with her babies might support a finding of intent to force plaintiff to resign, plaintiff did not give Nationwide a reasonable opportunity to address and ameliorate the conditions that she claimed constituted constructive discharge. The court also concluded that plaintiff waived her argument that she was actually discharged because she did not raise it in the district court. Accordingly, the court affirmed the district court's grant of summary judgment to Nationwide.
Court Description: Civil case - Employment Discrimination. Plaintiff's evidence was insufficient to establish constructive discharge; even if her supervisor's comment that it would be best for plaintiff to go home to be with her babies might support a finding of intent to force plaintiff to resign, her constructive discharge claim would still fail because she did not give defendant a reasonable opportunity to address and ameliorate the conditions she claims constituted constructive discharge; plaintiff did not raise her argument that she was actually discharged in the district court, and the argument was waived.
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