Ames v. Nationwide Mut. Ins. Co, No. 12-3780 (8th Cir. 2014)
Annotate this CaseNationwide hired Ames in 2008. Timely work was central to her position. Ames had a baby in May, 2009 and took eight weeks of maternity leave. In October 2009, Ames discovered that she was again pregnant. Her doctor ordered bed rest in April 2010. When Ames discussed her condition with Neel, her immediate supervisor, Neel made disparaging comments. Ames gave birth prematurely in May. In June, Neel told Ames that that she could take additional unpaid leave, but that doing so would “cause[] red flags.” A manager told Ames that she could express milk in a lactation room. Ames returned to work July 19. Arriving at work, she needed to express milk. Hallberg, the company nurse, informed Ames of Nationwide’s lactation policy, which allowed access to lactation rooms after completing paperwork that required three days for processing. The policy was available on the company’s intranet and at maternity meetings. Ames had not previously heard of the policy. Hallberg suggested that Ames use a wellness room. That room was occupied; Hallberg told Ames to return in 15-20 minutes. While waiting, Ames met with department head Brinks, who told Ames that she had two weeks to complete work that had not been done while she was on leave and that if she failed to catch up, she would be disciplined. Neel stated that she was unable to help. Ames was in tears. Neel stated, “I think it’s best that you go home to be with your babies.” Neel dictated a resignation to Ames. Ames sued, citing the Civil Rights Act, 42 U.S.C. 2000e, and the Iowa Civil Rights Act. The Eighth Circuit affirmed, rejecting claims of constructive discharge; the Supreme Court denied certiorari.
Court Description: Civil Case - sex and pregnancy discrimination. District court did not err in granting summary judgment on claim of constructive discharge, as Ames did not demonstrate she was forced to resign upon her return to work following birth of her child and need for lactation room. Even if comment that it was best she go home with her babies supported a finding of intent to force her to resign, Ames failed to give Nationwide a reasonable opportunity to address and ameliorate conditions. In addition, Ames could not show she would have been fired had she not resigned. Ames waived argument that she was actually discharged because she did not raise the issue before the district court.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.