William C. Edmund v. Midamerican Energy Company Midamerican Energy Holding Company Jack Alexander

299 F.3d 679, 2002 U.S. App. LEXIS 15542, 83 Empl. Prac. Dec. (CCH) 41,167, 89 Fair Empl. Prac. Cas. (BNA) 1099, 2002 WL 1784316
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 5, 2002
Docket01-3527
StatusPublished
Cited by39 cases

This text of 299 F.3d 679 (William C. Edmund v. Midamerican Energy Company Midamerican Energy Holding Company Jack Alexander) 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
William C. Edmund v. Midamerican Energy Company Midamerican Energy Holding Company Jack Alexander, 299 F.3d 679, 2002 U.S. App. LEXIS 15542, 83 Empl. Prac. Dec. (CCH) 41,167, 89 Fair Empl. Prac. Cas. (BNA) 1099, 2002 WL 1784316 (8th Cir. 2002).

Opinion

RICHARD S. ARNOLD, Circuit Judge.

William Edmund appeals a decision of the District Court 1 granting summary judgment in favor of MidAmerican Energy Company, MidAmerican Energy Holding Company, and Jack Alexander on Mr. Edmund’s claim of sex discrimination. Mr. Edmund contends that he first was demoted and then was passed over for a promotion because of his sex, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e~17, and the Iowa Civil Rights Act of 1965, Iowa Code §§ 216.1-216.20. We affirm.

I.

We commend the District Court for its thorough recitation of the facts, which we summarize here. Mr. Edmund has been employed by MidAmerican Energy Company and its predecessor company, Iowa-Illinois Gas & Electric Company, for more than thirty years. J.A. 421. In 1995, Mr. Edmund became Manager of Compensation in the human resources department of the Des Moines office, reporting to David Levy, Vice President of Human Resources and Information Technology. J.A. 142, 414. In May 1996, Jack Alexander took over Mr. Levy’s responsibilities as manager of the human resources department, and, in November of that year, he formally acquired Mr. Levy’s old title of Vice President of Human Resources and Information Technology. J.A. 134. In both capacities, Mr. Alexander maintained direct supervisory authority over the entire human resources department, including Mr. Edmund. Id.

When Mr. Alexander took over responsibility for the human resources department from Mr. Levy, Mr. Levy cautioned him that “if he wanted compensation to go in a new direction, Bill Edmund would not be the best person to lead those changes.” J.A. 415. In about May 1996, Phil Linder, Mr. Alexander’s supervisor, complained to Mr. Alexander about Mr. Edmund’s resistance to a corporate decision to discontinue certain loans to former employees of Iowa-Illinois. J.A. 145, 195. Around the same time, Mr. Alexander also received complaints that Mr. Edmund relied too much *681 on electronic means, of communication. J.A. 145A6,149,191-92.

In 1997, Jodi Stevens, a payroll supervisor who reported to Mr. Edmund, complained to Mr. Alexander that Mr. Edmund did not understand “what was going on in payroll.” J.A. 147. Ms. Stevens’s successor, Michele Book, complained that Mr. Edmund was not accessible, overused e-mail, and failed to provide strategy to the payroll department. J.A. 147-48, 153. In 1997-98, John Capello, a senior vice president for marketing and sales, informed Mr. Aexander that Mr. Edmund did not understand what Mr. Capello wanted in terms of a new compensation and salary structure for the marketing and sales group. J.A. 148-49. As a result, Mr. Capello hired an outside consultant, David Camner, to assist in developing the plan. Id.

Mr. Camner provided Mr. Aexander with his impressions of various people within human resources, including Mr. Edmund. J.A. 149-51. With the caveat that his assessment was “anecdotal information based on insufficient information and may. not be accurate,” Mr. Camner stated that Mr. Edmund had “[g]ood analytical skills but [was] less effective at understanding the ‘big picture.’ ” J.A. 355. Mr. Aexan-der did not show the report to Mr. Edmund. J.A. 150.

Senior Vice President and General Counsel John Rasmussen complained to Mr. Aexander that Mr. Edmund was resisting the upgrade of a particular senior attorney’s position, an upgrade that Mr. Rasmussen and other senior officers of MidAmerican desired. J.A. 161-62, 416. Russ White, Manager of General Services, and Aan Wells, Senior Vice President for Finance and Chief Financial Officer, also complained to Mr. Aexander regarding Mr. Edmund’s resistance to their attempts to upgrade certain employees. J.A. 162-63. Mr. Wells complained that Mr. Edmund was a “roadblock” who did not provide constructive solutions. Id. at 162. Ron Stepien, President of MidAmerican, told Mr. Aexander that he no longer wanted to meet with Mr. Edmund regarding compensation issues because he believed Mr. Edmund was overly technical and failed to solve problems. J.A. 163, 419-20.

In 1998, Mr. Rasmussen informed Mr. Aexander that he and Mr. Stepien had concluded that they did not want Mr. Edmund to testify for the company before the Iowa Utilities Board regarding a requested rate increase because they did not believe that Mr. Edmund could persuasively and credibly articulate the company’s position. J.A. 186, 417. Mr. Aexander had recommended that Mr. Edmund be the company’s witness. J.A. 186.

In 1998, Sue Rozema, Vice President of Financial Services, asked Mr. Aexander to replace Mr. Edmund on a committee that she oversaw because, she said, he had been “obstructionist and negative” in a committee meeting. J.A. 199. Charles Snider, one of Mr. Edmund’s subordinates, complained to Mr. Aexander that he thought that a report that Mr. Edmund had prepared — analyzing compensation within the human resources department and recommending only two positions, including Mr. Edmund’s own, for an upgrade — was biased. J.A. 310, 314-16.

Mr. Aexander did not conduct any performance reviews for employees in the human resources department until April 1998. J.A. 148, 363, 367, 371. On April 29, Mr. Aexander gave Mr. Edmund a “leadership skills assessment,” or performance review, that was mostly negative and mixed and included various of the complaints that Mr. Aexander had received. J.A. 371-72. Mr. Aexander criticized Mr. Edmund as “too reactionary,” “resistant to change,” not “proactive,” and *682 lacking leadership skills. Id. Prior to the review, Mr. Alexander had not communicated the complaints about Mr. Edmund to him. J.A. 424.

On November 1, 1998, Mr. Alexander was promoted to Senior Vice President of Energy Delivery, and his supervisory responsibility over human resources ended. J.A. 134. On that date, Keith Hartje took over as head of human resources. J.A. 134, 275. Mr. Hartje became dissatisfied with Mr. Edmund’s work in bringing together MidAmerican’s compensation system with the system of CalEnergy Company, a company with which MidAmerican planned to merge in early 1999. J.A. 286. In December 1998, a committee was formed to develop the compensation and benefits system for the merged company. J.A. 286. Mr. Hartje appointed Maureen Sammon to be head of the committee, id., and Mr. Edmund was not placed on the committee. J.A. 264-65.

On January 28, 1999, Mr. Hartje made a written evaluation of Mr. Edmund’s performance, noting that he was perceived as “reactive,” “resistant to change,” and without strategic thinking skills. J.A. 388-92. He concluded that, following the merger, Mr. Edmund would be demoted from manager of compensation to senior compensation analyst, a position that, he determined, would make the best use of Mr. Edmund’s technical and analytical skills. J.A. 392. On the basis of his appraisal of Mr. Edmund’s performance and the concerns of MidAmerican’s senior management regarding Mr. Edmund, Mr. Hartje concluded that Mr. Edmund was not the right person for the job. J.A. 280-81.

Mr. Hartje told Mr. Alexander of his decision to demote Mr.

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299 F.3d 679, 2002 U.S. App. LEXIS 15542, 83 Empl. Prac. Dec. (CCH) 41,167, 89 Fair Empl. Prac. Cas. (BNA) 1099, 2002 WL 1784316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-c-edmund-v-midamerican-energy-company-midamerican-energy-holding-ca8-2002.