GEIST-MILLER v. Mitchell

783 N.W.2d 197, 2010 Minn. App. LEXIS 81, 109 Fair Empl. Prac. Cas. (BNA) 826, 2010 WL 2161793
CourtCourt of Appeals of Minnesota
DecidedJune 1, 2010
DocketA09-1501
StatusPublished
Cited by7 cases

This text of 783 N.W.2d 197 (GEIST-MILLER v. Mitchell) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
GEIST-MILLER v. Mitchell, 783 N.W.2d 197, 2010 Minn. App. LEXIS 81, 109 Fair Empl. Prac. Cas. (BNA) 826, 2010 WL 2161793 (Mich. Ct. App. 2010).

Opinion

OPINION

CRIPPEN, Judge. *

In this appeal after remand, appellant Trisha Geist-Miller challenges the district court’s summary judgment dismissing her hostile-work-environment claim against respondents. Because appellant has not presented sufficient evidence to create a genuine issue of material fact on the fourth element of her claim, that the alleged harassment affected a term, condition, or privilege of her employment, we affirm.

FACTS

Between December 1994 and December 2003, appellant worked for two separate companies owned by respondent Ronald Mitchell and his wife, Sandra Mitchell: respondent Sun Place Tanning Studios, Inc., owned and operated tanning salons in the Rochester area; and Sun Place, Inc., owned and operated tanning salons in the Twin Cities area.

Appellant began her employment as a shift manager at one of the Rochester salons. After three or four years, she took on training responsibilities in addition to her shift-manager role. She was later pro *199 moted to operations manager and then general manager. As general manager, appellant’s responsibilities encompassed all stores owned by both entities.

In July 2003, following the birth of her son, appellant elected to scale back her duties. From that time until her separation from employment, she served as general manager for the Rochester-based Sun Place Tanning Studios, Inc., and as salon manager for one of the Rochester locations. Another employee accepted a position as general manager for Sun Place, Inc., and the Twin Cities salons. Also in 2003, the Mitchells were divorcing.

Most of the sexual harassment alleged by appellant also took place in 2003. Through contemporaneous incident reports and deposition testimony, appellant identified the following incidents of alleged harassment:

On February 26, 2003, Ronald Mitchell, upset because he believed that his wife was “running around” on him, changed the locks to the Rochester business office, provided appellant with a key, and asked her if she would protect him. Appellant replied that she would, but that she would protect Sandra Mitchell as well.
On August 26, 2003, during a drive home after drinks with business associates, Ronald Mitchell told appellant that she was “denying him” by not running away with him and that if her husband ever messed up, Ronald Mitchell would come and get her. Ronald Mitchell told her that he had bought a Lincoln Navigator so that her son and their future children could watch DVDs while they travelled.
On September 17, 2003, Ronald Mitchell told appellant about a dream in which he had divorced his wife; and he and appellant had wed, had a baby girl, and opened five new salons.
■ In October 2003, Ronald Mitchell put his arm around appellant and said, “My one true love, will you run away with me?” and, when she declined, he told her she had “no guts.”
On October 14, 2003, a business associate asked appellant and Mitchell whether they had slept together. Appellant replied “God, no,” but the conversation devolved into sexual innuendo. The next day, Ronald Mitchell put his arm around appellant and said, “Seeing that we had sex, maybe we should run away and continue having sex.” Appellant replied that they had not had sex and would not.
On October 20, 2003, Ronald and Sandra Mitchell were both present at a Rochester salon and upset with each other. Ronald Mitchell walked behind appellant and brushed up against her buttocks. Later, he put his arm around her and told her that he was going to get control of the business and that everything would work out.
Sometime in 2003, during a meeting with outside business associates, Ronald Mitchell began comparing women’s breasts, and told appellant that hers were “so-so.”
On an unidentified date, in the presence of other employees, Ronald Mitchell said that he did not care if appellant was in the back “pleasuring herself,” as long as she was getting her vacuuming done. While smoking cigarettes with several employees, Ronald Mitchell told one of the employees that she should not wear a certain shirt because it made her nipples show.
Ronald Mitchell said that he “could be out to lunch with two hairdressers one minute and the next minute be in bed with them.”

On her deposition correction sheet, appellant identified several additional inci *200 dents of harassment, including, for the first time, incidents of unwanted touching:

Sometime in 1996 or 1997, Ronald Mitchell entered a room where appellant was cleaning a tanning bed, grabbed her and kissed her. When she asked why he did that, he said he was having a good day.
On an unidentified date, appellant was putting on lip balm when Ronald Mitchell asked her to give him some. When appellant handed him the tube, Mitchell told her he wanted some of hers and grabbed the back of her neck in an attempt to touch his lips to hers. She backed away and said no; he told her she had “no guts.”
On an unidentified date, while appellant drove him to an eye appointment in the Twin Cities, Ronald Mitchell put his hand on appellant’s leg and suggested that they run away together. She said no, and he told-her she had “no guts.” Appellant also asserts that Mitchell would often rest his hand on her leg when they drove places together.

Finally, in handwritten notes attached to her affidavit, appellant asserts that Ronald Mitchell would touch her hair when she wore it down, and tell her that she should wear it that way more often.

Appellant testified that Mitchell’s conduct made her “uncomfortable,” “embarrassed,” and “upset.” She could not recall whether she had ever shared her written incident reports or otherwise reported Ronald Mitchell’s conduct to anyone. Appellant believed that she had a few conversations with human resources employee Denys Rain about Ronald Mitchell asking her to run away with him. She also testified that sometime in 2007 she told Sandra Mitchell about Ronald Mitchell asking her to run away with him and her discomfort about being alone with him. She could not remember at her deposition whether she told anyone else. In her deposition correction sheet, appellant stated that she remembered talking to another HR employee about feeling uncomfortable riding in the car alone with Ronald Mitchell.

Ronald Mitchell denied each of the alleged incidents of harassment, except that he admitted that a business colleague had asked if he and appellant were having sex and to making a comment about the two hairdressers. He also conceded that he may have put his arm around appellant and told her that everything would be okay with the business. Ronald Mitchell denied ever having seen appellant’s written incident reports before his deposition. Sandra Mitchell testified that appellant never complained about Ronald Mitchell’s behavior toward her until after her termination.

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783 N.W.2d 197, 2010 Minn. App. LEXIS 81, 109 Fair Empl. Prac. Cas. (BNA) 826, 2010 WL 2161793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geist-miller-v-mitchell-minnctapp-2010.