Ames v. Nationwide Mutual Ins. Co., et al., No. 12-3780 (8th Cir. 2014)Annotate this Case
Plaintiff 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.