Gibson v. Concrete Equipment Co., Inc., No. 18-3009 (8th Cir. 2020)
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The Eighth Circuit affirmed the district court's grant of summary judgment to plaintiff's former employer, Con-E-Co, on plaintiff's sex discrimination claim, her sexual harassment claim, and her retaliation claims under Title VII of the Civil Rights Act of 1964, and the Nebraska Fair Employment Practice Act.
The court held that plaintiff failed to establish a prima facie case of sex discrimination because she did not demonstrate that she met Con-E-Co's legitimate job expectations or that Con-E-Co treated her differently than similarly situated male employees; the district court did not err in granting summary judgment to Con-E-Co regarding her sexual harassment claim based on vulgar behavior directed at her by her coworkers, because plaintiff failed to demonstrate that she subjectively perceived the alleged harassment as abusive; and plaintiff failed to establish a prima facie case for retaliation in response to either her race discrimination or sex discrimination complaints.
Court Description: [Gruender, Author, with Kelly and Erickson, Circuit Judges] Civil case - Employment discrimination. On plaintiff's sex discrimination claim, she failed to make a prima facie case because she did not demonstrate that she met the employer's legitimate job expectations or that she was treated differently than similarly situated male employees; on plaintiff's sexual harassment claim based on vulgar behavior by her co-workers, the district court did not err in determining the claim failed because plaintiff did not demonstrate that she subjectively perceived the alleged harassment as abusive; on her retaliation claim, she failed to make a prima facie case because she did not have an objectively reasonable basis for believing that a Title VII violation had occurred involving a fellow employee;on her claim that she was retaliated against based on her reporting of sex discrimination, plaintiff failed to demonstrate a causal connection between her sex discrimination complaints and her termination.
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