Anderson v. Dillard's Inc.

Citation109 F.Supp.2d 1116
Decision Date31 July 2000
Docket NumberNo. 4:99CV00821 ERW.,4:99CV00821 ERW.
PartiesJessica L. ANDERSON, Plaintiff, v. DILLARD'S INC., Defendant.
CourtUnited States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)

David M. Heimos, Heimos Law Office, Clayton, MO, for plaintiff.

Michael P. Burke, Timothy C. Mooney, Jr., Bryan Cave LLP, St. Louis, MO, for defendant.

MEMORANDUM AND ORDER

WEBBER, District Judge.

This matter is before the Court on Defendant Dillard's Inc.'s Motion for Summary Judgment [document #32] and Defendant Dillard's Inc.'s Motion to Strike the Affidavit of David M. Heimos [document #40].

In her Complaint, Plaintiff Jessica Anderson brings two counts each of sex discrimination and retaliation against Defendant, alleging that Defendant failed to properly resolve harassment that was the basis for a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and the Missouri Human Rights Act ("MHRA"), R.S. Mo. § 213.010.1

I. STATEMENT OF GENERAL RELEVANT FACTS

Viewing the facts of this case in the light most favorable to Plaintiff, the Court sets forth the following facts:

Plaintiff alleges that she was hired by Defendant on July 10, 1998, while Defendant alleges that Plaintiff was hired on July 7, 1998. During Plaintiff's employment with Defendant, the store manager of Dillard's was Rick Arlan ("Arlan"). Both parties agree that Defendant originally hired Plaintiff to work at the Dillard's store at the Jamestown Mall as a sales associate. Shortly after Plaintiff started her job at Dillard's, she became acquainted with Jerika Bateman. Bateman, a co-worker, would try to discuss sexual matters with Plaintiff. Plaintiff told Bateman that she was uncomfortable with Bateman discussing sexual matters with her, but Bateman continued to do so. On October 18, 1998, Plaintiff became a sales associate in the Cosmetics Department at the Elizabeth Arden counter. In November 1998, while Plaintiff was working in Cosmetics, Defendant promoted Bateman to the position of Area Sales Manager of the Cosmetics and Lingerie Department. Plaintiff alleges that Bateman became her direct supervisor at the end of November 1998, while Defendant claims that Bateman became her direct supervisor in December 1998. Plaintiff alleges that shortly after assuming this new position, Bateman began to pursue a non-platonic relationship with Plaintiff.

Specifically, Plaintiff alleges that Bateman frequently talked about her and her husband's sex life, asked Plaintiff if she wanted to join in sex orgies, "threesomes," and other sexual acts, and asked Plaintiff if she wanted to watch pornographic movies. In addition, Plaintiff claims that Bateman repeatedly touched her buttocks and her breasts. Plaintiff claims that on December 30, 1998, Bateman asked Plaintiff if she and her husband wanted to stay with Bateman and her husband in a hotel room for New Year's Eve and have a "big orgy." Additionally, during Bateman's tenure as her direct supervisor, Plaintiff claims that Bateman told Plaintiff she would have to perform oral sex on her to get a raise. Further, Plaintiff alleges that on January 8, 1999, when Plaintiff and her husband came to work to get her paycheck, Bateman approached them and commented on what they could do in a pornographic movie together.

On January 15, 1999, Arlan provided Plaintiff with a Final Improvement Notice regarding eight alleged tardies she had accumulated. Plaintiff indicated in her response to Defendant's statement of uncontroverted facts that she did not recall whether she was late to work on any of these days. On January 26, 1999, Plaintiff was absent from work and upon her return brought a note from a doctor excusing her absence. On January 28, 1999, Plaintiff went to Arlan's office and handed him a letter, which informed him that Bateman had made inappropriate comments to her and had touched her in an inappropriate fashion. Plaintiff claims that once Arlan received the letter, he told Plaintiff that things would be handled within the hour. On January 29,1999, Plaintiff alleges that she had to go back to Arlan because nothing had been done to solve the problem; to the contrary, Defendant alleges that Arlan was the one to initiate the second meeting. Both parties agree that on January 29, 1999, Arlan met with Kathy Fitzgerald ("Fitzgerald")2 and Plaintiff to discuss their handling of the complaint. Defendant alleges that on the same day Arlan also had a meeting with Fitzgerald and Bateman. Defendant does not contest that Bateman admitted in this meeting with Arlan that there was some factual basis for the charges Plaintiff was making against her. After Plaintiff's reporting of harassment, Plaintiff claims that Bateman retaliated against her through her demeanor, her actions and her body language. On January 31, 1999, Plaintiff did not show up for her scheduled shift or provide a doctor's note for her absence.

On February 4, 1999, Arlan met with Plaintiff regarding her allegations of sexual harassment. Plaintiff and Defendant do not agree on the exact discussion that took place in the meeting. The parties agree that Plaintiff reported that Bateman had not made any further sexual comments to her and had not sexually harassed her in any fashion since she had been disciplined. Plaintiff claims that she told Arlan and Fitzgerald that she thought she should not have to work for Bateman anymore. Plaintiff also alleges that Arlan and Fitzgerald stated that nothing could be done to resolve her allegations that Bateman was retaliating against her or Plaintiff's desire not to work for Bateman. On February 5, 1999, Plaintiff was absent from her scheduled shift. Plaintiff claims that on February 7, 1999, Bateman was trying to pick a fight and make Plaintiff look like the "bad guy." On the same day, Plaintiff was called into Fitzgerald's office at the request of Bateman. It is not disputed that Debora Rees, an Assistant Area Sales Manager, was in the office with Bateman when Plaintiff received a verbal warning. However, Defendant contends that this meeting was not a formal disciplinary action against the Plaintiff, while Plaintiff alleges that Bateman indicated at this meeting that the next time Plaintiff was disrespectful to Bateman she could be fired.

On February 9, 1999, in a meeting with Arlan, Plaintiff was given a letter which indicated that Plaintiff needed to provide the proper medical documentation to support her absences from work on January 31, 1999 and February 5, 1999. The letter indicated that Plaintiff would be given one week to provide Defendant with medical documentation supporting her absences. Plaintiff never provided Defendant with medical documentation for these absences. Consequently, Plaintiff was terminated. Plaintiff and Defendant contest when and why Plaintiff was terminated. Plaintiff claims that she was effectively terminated on February 9, 1999, in retaliation for her sex discrimination claim, while Defendant claims that Plaintiff was terminated on February 18, 1999, for violating the company's attendance policy.

II. SUMMARY JUDGMENT STANDARDS

The standards applicable to summary judgment motions are well settled. Pursuant to Federal Rule of Civil Procedure 56(c), a court may grant a motion for summary judgment if all of the information before the court shows "there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law." See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The United States Supreme Court has noted that "[s]ummary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the federal rules as a whole, which are designed to `secure the just, speedy and inexpensive determination of every action.'" Id. at 327, 106 S.Ct. 2548 (quoting Fed. R. Civ. P. 1).

In order to obtain summary judgment, the moving party must demonstrate "an absence of evidence to support the non-moving party's case." Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Once the moving party carries this burden, the nonmoving party must "do more than simply show there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The nonmoving party may not rest on allegations or denials in the pleadings, but must "come forward with `specific facts showing that there is a genuine issue for trial.'" Id. at 587, 106 S.Ct. 1348 (quoting Fed. R. Civ. P. 56(3)).

In analyzing summary judgment motions, the Court is required to view the facts in a light most favorable to the nonmoving party, and must give the nonmoving party the benefit of any inferences that can logically be drawn from those facts. Matsushita, 475 U.S. at 587, 106 S.Ct. 1348; Buller v. Buechler, 706 F.2d 844, 846 (8th Cir.1983). Moreover, this Court is required to resolve all conflicts in favor of the nonmoving party. Robert Johnson Grain Co. v. Chemical Interchange Co., 541 F.2d 207, 210 (8th Cir.1976). The trial court may not consider the credibility of the witnesses or the weight of the evidence. White v. Pence, 961 F.2d 776, 779 (8th Cir.1992).

III. ANALYSIS

As an initial matter, the Court considers Defendant's motion to strike the affidavit of David Heimos. In his affidavit, Heimos states that he has personal knowledge of Exhibits 1, 3, and 4, which accompany Plaintiff's response to Defendant's motion for summary judgment. Heimos declares that Exhibit 1, the Notice of Resignation of Salena Robinson, a fellow employee of Plaintiff's, was provided to Heimos by Plaintiff and provided to Plaintiff by Robinson. Heimos also states that Exhibits 3 and 4 are bate-stamped documents provided to him during discovery by Defendant's counsel.

Defendant asserts that Heimos's affidavit, which he submitted after serving Defendant with Plaintiff's opposition to summary...

To continue reading

Request your trial
7 cases
  • Wilson v. City of Des Moines
    • United States
    • U.S. District Court — Southern District of Iowa
    • October 5, 2004
    ...and continuing after each successive complaint she made. These tangible changes to her working conditions, see Anderson v. Dillard's Inc., 109 F.Supp.2d 1116, 1127 (E.D.Mo.2000) (finding allegations of general hostility or verbal reprimands insufficient unless accompanied by "evidence of so......
  • Clayton v. Dejoy
    • United States
    • U.S. District Court — Eastern District of Missouri
    • November 20, 2020
    ...to the level of an adverse employment action unless they result in a tangible change in working conditions. Anderson v. Dillard's Inc., 109 F. Supp. 2d 1116, 1127 (E.D. Mo. 2000) ("For these reasons, the Court rejects Plaintiff's assertion that a verbal reprimand is an adverse employment ac......
  • Halbach v. Great-West Life & Annuity Ins. Co.
    • United States
    • U.S. District Court — Eastern District of Missouri
    • November 19, 2007
    ...to the submitted evidence, and will only rely upon that evidence which would be admissible at trial. See Anderson v. Dillard's Inc., 109 F.Supp.2d 1116, 1121 (E.D.Mo. 2000) ("Where an affidavit does not meet this standards [sic], it is subject to a motion to strike.") (citing McSpadden v. M......
  • Browne v. Signal Mountain Nursery, L.P.
    • United States
    • U.S. District Court — Eastern District of Tennessee
    • September 29, 2003
    ...F.Supp.2d 999, 1006 (D.S.D. 2001); McCormick v. Kmart Distrib. Ctr., 163 F.Supp.2d 807, 821 (N.D.Ohio 2001); Anderson v. Dillard's Inc., 109 F.Supp.2d 1116, 1124 n. 4 (E.D.Mo.2000); Jackson v. T & N Van Service, 86 F.Supp.2d 497, 501 (E.D.Pa.2000). Relying on principles of agency law and a ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT