Anda v. Wickes Furniture Co., Inc.

• Decision Date: 19 February 2008
• Docket Number: No. 07-1427.,07-1427.
• Citation: 517 F.3d 526
• Parties: Debra ANDA, Appellant, v. WICKES FURNITURE COMPANY, INC., a foreign corporation, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

517 F.3d 526

Debra ANDA, Appellant, v. WICKES FURNITURE COMPANY, INC., a foreign corporation, Appellee.

No. 07-1427.

United States Court of Appeals, Eighth Circuit.

Submitted: November 13, 2007.

Filed: February 19, 2008.

Steven A. Smith, argued, Minneapolis, MN (Robert L. Schug, on the brief), for appellant.

Thomas E. Marshall, argued, Minneapolis, MN (Gina K. Janeiro, on the brief), for appellee.

Before MURPHY, HANSEN and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Debra Anda brought suit against Wickes Furniture Company ("Wickes") alleging sexual harassment based on a hostile work environment and constructive discharge. Wickes filed a motion for summary judgment, which the district court¹ granted. Anda appeals, and we affirm.

I. BACKGROUND

In September 2001, Anda became a part-time, commissioned furniture sales-person at Wickes's Coon Rapids, Minnesota location. Anda was recruited to Wickes by Kathy Gargaro who had previously been Anda's supervisor at Home Life Furniture. When Anda began her job at Wickes, Gargaro was the store manager, Gary Victor was the sales manager and Jamie Lambert was the office manager. In May 2003, Dave Bruber replaced Gargaro as the store manager.

Shortly after Anda joined Wickes, Lambert gave her a copy of Wickes's Code of Business Conduct Manual ("Code") and its Workplace Harassment Policy ("Harassment Policy"). The Code stated that "it is the goal of Wickes Furniture Company, Inc. to provide a workplace free from unlawful and improper `harassment' of employees by other employees or agents of the Company, or by its customers and vendors." The Harassment Policy described Wickes's policy against workplace discrimination, gave examples of harassing behaviors and the consequences for violating the Harassment Policy, and instructed employees who feel victimized by sexual harassment to immediately report the incident. Anda acknowledged she received these policies and was required to review them. Thereafter, Victor explained Wickes's open door policy to Anda. The open door policy allowed employees to report anything they found objectionable to any manager. Anda said that she interpreted the open door policy to mean that her "opinions count[ed] ... [and she could] go to any of [her] supervisors to discuss any issues that may arise."

Anda worked with many salespeople at Wickes, including Ryan Carlson, Ernesto Flores, Derek Knott, Tim Mack and Julie Enga. Wickes's "up list" system allowed the salespeople to put their names on a list which determined the order the salespeople were assigned to assist customers. If a previous customer returned to the store, the original salesperson was to assist the returning customer.

Although Anda made several unspecified complaints about Carlson to Bruber during 2003, a series of events occurred in September 2003 that ultimately led to Anda giving her two-week notice of resignation. On September 6, Carlson accused Anda of stealing one of Enga's customers, and Anda called Carlson a "leviathan." Carlson believed "leviathan" meant devil, and he claimed to be upset by the comment. He did not go to work the next day and called Bruber to report the incident. When asked about the incident, Anda told Bruber that. Carlson also made inappropriate comments to her, only specifying one comment Carlson made "about [her] butt a few days earlier." On September 9, Carlson formally accused Anda of harassment, complaining to Bruber about the "leviathan" incident, Anda's customer stealing and name calling, and Anda's comment to him to stay away from Enga. Bruber followed Wickes's corporate human resources department's instruction to issue a verbal reprimand to Anda. On September 15, Anda received the reprimand. At that time she told Lambert she intended to compile a list of allegations against Carlson.

On September 20, Anda provided her list of allegations about Carlson to Bruber. Anda wrote that she told Bruber on September 7 that Carlson was unable to "control his temper," had made "inappropriate comments on the sales floor" and had a "tendency to switch blame." She then listed eleven incidents occurring between July and September 2003. Three of the items involved the September 6 incident when Anda called Carlson a "leviathan." Two other incidents addressed arguments between salespeople about stealing customers. Three incidents involved gossip between salespeople. In the final three incidents, Anda alleged that Carlson made a comment about Anda and Enga using a "strap on," kicked Anda in the back of her leg, and said, "[L]arge butt, you must be talking about Deb." On September 21, Bruber again followed Wickes's corporate human resources department's instruction and issued a verbal reprimand to Carlson. He and Lambert then met with Anda to explain Carlson's reprimand.

On September 29, Lambert and Bruber held a staff meeting to address Wickes's policies for assigning salespeople to customers. After the September 29 meeting, Anda gave Bruber her two-week notice of resignation. She told Bruber that Carlson was scaring her and saying she did not follow the rules for customer assignment. Bruber asked Anda not to quit and said that Carlson would not be working at Wickes much longer.

Later that day, Carlson approached Anda and a customer she was assisting and claimed that the customer was his. Anda continued to help the customer, and Carlson stated, in front of the customer, that she should turn over the customer over to him, saying that he would "kick [her] fucking ass" if she did not. After Anda finished with the customer, Anda reported the incident to Bruber. When Anda said she did not have any witnesses, Bruber said he would eventually catch Carlson acting inappropriately and discipline him.

On September 30, Anda called Lambert to tell her that she was not returning to Wickes to complete her final two weeks because of the September 29 incident with Carlson. Lambert told Anda that Wickes did not want to lose her as a salesperson and "that there was a process to [Carlson's] disciplinary actions and that it was only a matter of time."

In an October 3, 2003 letter to Dick Peterson, vice president of the corporate human resources department, Anda stated that she "enjoyed working with many of the people of Wickes, ... had the privilege to work with some very hard working and dedicated employees, including Jamie Lambert and Dave Bruber, [and] believe[d] that they have both tried to deal with these disciplinary actions regarding Ryan Carlson to the best of their abilities." Anda attached a description of the September 29 events and her September 30 phone conversation with Lambert.

Anda also talked with Alisa Schueneman, an employee in Wickes's corporate human resources department. She told Schueneman of her complaints concerning Carlson's behavior, and Schueneman said she would investigate. In an October 15, 2003 letter to Schueneman, Anda claimed that she previously told Lambert that Carlson made a comment to Anda that "Jamie [Lambert] can lick my bunghole" and that Carlson told Flores and Enga to "[m]ake sure you use protection" as they left the store on September 17, 2003. On October 15, Wickes terminated Carlson's employment.

On March 11, 2004, Anda filed a charge of sex discrimination with the Minnesota Department of Human Rights ("MDHR"), which was cross-filed with the Equal Employment Opportunity Commission ("EEOC"). After receiving right to sue letters, Anda filed the instant federal suit alleging sex discrimination based on a hostile work environment and constructive discharge under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Minnesota Human Rights Act, Minn.Stat. § 363A.01 et seq.

During discovery in this lawsuit, Anda described a series of sexual harassment incidents involving numerous Wickes's employees that she had not reported to Wickes's management. Knott told Anda that he wanted to have sex with her daughter, asked her what she would do if she found her daughter in bed with two men, and said her daughter would enjoy that experience. Knott also told Anda that she was the same size as his wife and that he wanted to bend her over a sofa to see what it would be like to have sex with his wife on that sofa. On another occasion, Knott put Anda's head in his groin and said, "Blow me." Knott also would come towards Anda from behind and lift her in a bear hug. Knott and Carlson referred to Anda and Gargaro as "cunts" and "bitches." Flores called Anda the "virgin Mary" and "mother of God" because she told male salespeople that they said inappropriate things. He hugged Anda from behind, told her that her daughter was hot and jumped on her while she was sitting on a sofa and simulated having sex with her. Clark hugged Anda, grabbed her breast and said it was firm, jumped on top of her and told Anda that Enga was slutty. Mack made comments to Anda about her sex life and told Anda that Enga was loose and hot. He also complained that Wickes did not hire more attractive women. Bruber, the store manager, asked Anda if Enga was bisexual, told Anda that two women wanted to make a sandwich out of him at another Wickes store, and told Anda that he wrongly was written up for sexual harassment at that store.

The district court granted Wickes's summary judgment motion. It found that Anda's hostile work environment claim failed because she did not present sufficient evidence to create a genuine issue of material fact as to whether Wickes failed to take prompt and effective remedial action on her complaints about Carlson's conduct and whether Wickes knew or should have know of the incidents she had not reported to Wickes's management. The district court then determined that Anda's state law claim was barred by the statute of limitations because it was filed more than forty-five days after her receipt of the right to sue letter from the MDHR.² Finally, the district court found that Anda's constructive discharge claim failed...