Lora Stuart v. General Motors Corp.

217 F.3d 621, 2000 U.S. App. LEXIS 14563, 78 Empl. Prac. Dec. (CCH) 40,116, 84 Fair Empl. Prac. Cas. (BNA) 871, 2000 WL 815940
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 26, 2000
Docket99-2769
StatusPublished
Cited by280 cases

This text of 217 F.3d 621 (Lora Stuart v. General Motors Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lora Stuart v. General Motors Corp., 217 F.3d 621, 2000 U.S. App. LEXIS 14563, 78 Empl. Prac. Dec. (CCH) 40,116, 84 Fair Empl. Prac. Cas. (BNA) 871, 2000 WL 815940 (8th Cir. 2000).

Opinion

CARMAN, Chief Judge.

In 1997, Lora Stuart (Stuart) sued her former employer, General Motors Corporation (GMC), 2 asserting claims of a sexually hostile work environment, retaliation by discipline, 3 and retaliation by termination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e-2000e-17 (1994), and the Missouri Human Rights Act (MHRA), Mo.Rev. Stat. §§ 213.055(1) (1996). The District Court for the Eastern District of Missouri (Limbaugh, J.) granted summary judgment to GMC on all claims. Stuart appeals the district court’s grant of summary judgment as well as a discovery ruling. We affirm.

*626 I. PROCEDURAL HISTORY

Stuart was terminated from GMC on January 9, 1997. On March 7, 1997, Stuart timely filed administrative charges with the Missouri Commission on Human Rights (MCHR) and the Equal Employment Opportunity Commission (EEOC). In her Charge of Discrimination to both the EEOC and the MCHR, Stuart stated:

I worked for the company for over 11 years. The last position I held was journeyman electrician. I was harassed and sexually harassed. In July 1996, I filed a grievance for sexual harassment. I was told that the company would “take me to termination” for the filing the grievance. On January 7 [sic ], 1997, I was terminated.
I was told that I was being terminated because I was observed, at work, participating in an indecent act.
I believe that I have been discriminated against by being harassed and sexually harassed because of my sex, female, and that I was terminated in retaliation for filing a grievance on the sexual harassment.

On or about October 10, 1997, Stuart received a right to sue letter, and on October 17, 1997, Stuart filed a complaint against GMC in the Eastern District of Missouri complaining of a sexually hostile work environment, retaliation by discipline, and retaliation by termination by GMC in violation of Title VII, and in violation of the MHRA. In her complaint, Stuart alleged she was “subjected to unwelcome and offensive sexual remarks and conduct by male foremen and by male coworkers and was treated differently and denied the same privileges as her male coworkers.” She further alleged that after complaining to GMC about the “aforesaid unwelcome sexual remarks and conduct, and filling] a complaint about the hostile work environment,” she was retaliated against. The alleged retaliation included issuing “unwarranted and unjustified” disciplinary actions that were part an “unfair and discriminatory” scheme of “progressive discipline,” and “terminating plaintiffs employment based on false and unsupported allegations of misconduct.”

The district court granted summary judgment to GMC on all claims. The court concluded Stuart failed to exhaust her administrative remedies relating to her action for retaliation by discipline because that claim was neither specified nor alluded to in her EEOC charge. The Court also concluded Stuart failed to establish a prima facie case for retaliation by termination, failed to prove the proffered reasons for her discharge were a pretext for retaliation, and failed to establish a prima facie case of sexually hostile work environment. The court denied Stuart’s motion to compel GMC to answer certain discovery questions.

II. BACKGROUND

Stuart commenced employment at GMC’s Wentzville, Missouri plant in April 1985. Stuart worked at GMC as an electrician intermittently from 1985 and continuously from January 3, 1994. During her tenure at GMC, Stuart complained about sexual harassment and discrimination. On January 9,1997, Stuart was terminated for allegedly engaging in an indecent act with a co-worker while at work.

A. Stuart’s Complaints of Sexual Discrimination and a Sexually Hostile Work Environment

On July 14, 1996, Stuart complained to her supervisor, Dave Murphree (Mur-phree), that she was being treated differently because male employees were allowed longer breaks than female employees. Stuart complained shortly after Murphree ordered her to return to work after what she claims was only a fifteen minute break. Stuart also requested that a call be placed to her union representative.

On July 15, 1996, Stuart reiterated her complaint of discrimination to her union representative, Sam Markovich (Marko- *627 vich). Stuart also complained to Marko-vich about sexual harassment at GMC, pointing to the presence of a computer in her work area that contained a pornographic computer program.

Later on July 15, in response to Stuart’s complaint, Markovitch notified several union representatives about the computer program, and a GMC manager, and an electrician, among others, were then notified in turn. Stuart showed various GMC and union representatives the pornographic program. Stuart also told Timothy Flavin (Flavin), the Supervisor of Labor Relations at the Wentzville plant, that a number of employees knew of the program and used it, specifically mentioning Murphree. She stated the reason why she was coming forward now 4 with the information was because “of the way her supervisor (Dave Murphree) talked to her— which was without respect.”

After being informed about the pornographic computer program, Steve Schwartz (Schwartz), a'supervisor, offered to move Stuart to another area of the plant still in a position as an electrician. Stuart declined the offer. Also, in response to Stuart’s complaint, on July 15, 1996, Michael Camp (Camp), the plant manager, directed Alfred Moellenhoff (Moellenhoff), GMC’s Equal Employment Opportunity Coordinator, to dedicate his entire work effort into investigating the computer program. Camp also instructed Kevin Runge, a member of GMC’s computer operation, to immediately remove the computer in question. Less than a week later, GMC sent Gary Koegelman to the Wentzville plant to inspect every stand-alone computer at the facility to ensure that no other pornographic programs had been installed. Moellenhoff ended up spending more than a week investigating Stuart’s complaint. He interviewed at least thirty employees and informed Stuart three times of the investigation’s status. At the end of his investigation, Moellenhoff determined the program originated with Fred Dechert (Dechert), a GMC employee, who was on extended disability leave and could not be interviewed. As Dechert retired without returning to work, he could not be disciplined by GMC. In early August, GMC sent a pamphlet describing its sexual harassment policy and a letter to all its employees notifying them of the sexual harassment policy at GMC.

Finally, on July 20, 1996, Stuart complained to Flavin about pornographic photographs that had been found in her locker. 5 At some unspecified time prior to July 29, 1996, Moellenhoff investigated the pictures. Because they had been touched by too many individuals, it was determined that fingerprint analysis would be 'futile.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dale Bryant v. Ray Hobbs
581 F. App'x 602 (Eighth Circuit, 2014)
Johnson v. ADP Screening & Selection Services, Inc.
768 F. Supp. 2d 979 (D. Minnesota, 2011)
McNeil v. Metro
748 F. Supp. 2d 1047 (E.D. Missouri, 2010)
Akers v. Liberty Mutual Group
744 F. Supp. 2d 92 (District of Columbia, 2010)
American Medical Systems, Inc. v. Laser Peripherals, LLC
712 F. Supp. 2d 885 (D. Minnesota, 2010)
Moberly v. MIDCONTINENT COMMUNICATION
711 F. Supp. 2d 1028 (D. South Dakota, 2010)
Trotter v. Cargill, Inc.
699 F. Supp. 2d 1043 (W.D. Tennessee, 2010)
Winston v. Cargill, Inc.
699 F. Supp. 2d 1056 (W.D. Tennessee, 2010)
Anthony Hayes v. Charles Patterson
366 F. App'x 711 (Eighth Circuit, 2010)
Alhalabi v. Missouri Department of Natural Resources
300 S.W.3d 518 (Missouri Court of Appeals, 2009)
Isiah Jones v. Dr. Janssen Williams
333 F. App'x 146 (Eighth Circuit, 2009)
Craig Frentzel v. Glenn Boyer
297 F. App'x 576 (Eighth Circuit, 2008)
Sandoval v. American Building Maintenance Industries, Inc.
552 F. Supp. 2d 867 (D. Minnesota, 2008)
Rabe v. Nationwide Logistics, Inc.
530 F. Supp. 2d 1069 (E.D. Missouri, 2008)
Weger v. City of Ladue
500 F.3d 710 (Eighth Circuit, 2007)
Viola Fair v. Larry Norris
480 F.3d 865 (Eighth Circuit, 2007)
Lehman v. United Parcel Service, Inc.
443 F. Supp. 2d 1146 (W.D. Missouri, 2006)
Van Orden v. Wells Fargo Home Mortgage, Inc.
443 F. Supp. 2d 1051 (S.D. Iowa, 2006)
Boyle v. Alum-Line, Inc.
710 N.W.2d 741 (Supreme Court of Iowa, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
217 F.3d 621, 2000 U.S. App. LEXIS 14563, 78 Empl. Prac. Dec. (CCH) 40,116, 84 Fair Empl. Prac. Cas. (BNA) 871, 2000 WL 815940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lora-stuart-v-general-motors-corp-ca8-2000.