Ewald v. Royal Norwegian Embassy

• Citation: 82 F.Supp.3d 871
• Decision Date: 31 December 2014
• Docket Number: Case Civil No. 11–CV–2116 SRN/SER.
• Parties: Ellen S. EWALD, Plaintiff, v. ROYAL NORWEGIAN EMBASSY, Defendant.
• Court: United States District Courts. 8th Circuit. United States District Court of Minnesota

82 F.Supp.3d 871

Ellen S. EWALD, Plaintiff

v.ROYAL NORWEGIAN EMBASSY, Defendant.

Case Civil No. 11–CV–2116 SRN/SER.

United States District Court, D. Minnesota.

Signed Dec. 31, 2014.

Thomas E. Marshall, Sheila A. Engelmeier, and Susanne J. Fischer, Engelmeier & Umanah, P.A., Minneapolis, MN, for Plaintiff.

Daniel G. Wilczek, Joel P. Schroeder, and Sean Somermeyer, Faegre Baker Daniels LLP, Minneapolis, MN, for Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT

SUSAN RICHARD NELSON, District Judge.

This case arises out of a dispute concerning Plaintiff Ellen S. Ewald's employment with Defendant Royal Norwegian Embassy (the “Embassy”). Plaintiff alleges pay discrimination, claiming that the Embassy violated the Equal Pay Act (the “EPA”), 29 U.S.C. § 206(d)(1), and the Minnesota Human Rights Act (“MHRA”), Minn.Stat. § 363A.08, Subd. 2. (Am. Compl. Counts III and VI [Doc. No. 104].) She also alleges that the Embassy violated Minn.Stat. § 181.64 by fraudulently inducing her to enter employment. (Am. Compl. Count II [Doc. No. 104].)

As an initial matter, the Court notes that the EPA is a strict liability statute, under which an employer's discriminatory intent, or lack of such intent, is irrelevant. Bauer v. Curators of the Univ. of Mo., 680 F.3d 1043, 1045 (8th Cir.2012). The relevant inquiry under the law is whether the jobs in question are substantially equal that is, whether they require equal skill, effort, and responsibility. 29 U.S.C. § 207(d)(1) ; Hunt v. Neb. Pub. Power Dist., 282 F.3d 1021, 1029 (8th Cir.2002).

This matter was tried before the undersigned Judge of the District Court on April 21–24, 2014; April 28–May 2, 2014; May 13, 2014; and May 16, 2014. Subsequently, on July 31, 2014, the parties submitted Proposed Findings of Fact and Conclusions of Law [Doc. Nos. 327 & 328]. Based on the evidence presented at trial and all of the files, records, and proceedings in this matter, the Court makes the following Findings of Fact and Conclusions of Law, and enters the following Order for Judgment.

FINDINGS OF FACT

1. Plaintiff Ellen S. Ewald is a female United States citizen who resided in Norway for more than twenty years. (Ewald 57–83, 141.)¹ She relocated to the Twin Cities when she accepted a job working for the Embassy, and continued to live in Minneapolis, Minnesota, through the time of trial. (Id. )

2. At all times relevant to this matter, the Embassy had a presence in the State of Minnesota at the Honorary Norwegian Consulate, 901 Marquette Avenue South, Suite 2750, Minneapolis, MN 55402. The Embassy has consented to the jurisdiction of this Court pursuant to Plaintiff's Employment Agreement (the “Agreement”) (J–12–0001) and Defendant's representations to this Court. (Tr. of 11/26/12 Hearing at 16–18 [Doc. No. 330].) According to the Agreement, Plaintiff's employment relationship is “governed by the laws [where] the Employee is employed.” (J–12–0001.)

Background and Framework for the “New Model Consulate”

3. In 2007, Norway announced that it was closing its Career Consulate in Minneapolis, Minnesota, largely for budgetary reasons. (Strømmen 829; Vibe Dep. 37.) Norway's career consulates are staffed with diplomatic personnel from the country's diplomatic corps. (Strømmen 827.) In contrast, Norway's honorary consulates in the United States are led by American citizens. (Id. ) Prior to announcing the closure of its Career Consulate, Norway had maintained an official diplomatic presence in Minnesota for over a century. (Mueller 1119; see also Gandrud 496; Strømmen 829–30.)

4. Announcement of the closing was met with substantial disappointment and opposition in the Midwest and Norway. (Mondale 604–05; Strømmen 830.) Those opposed to the closing believed that closing the Career Consulate would diminish the longstanding ties between Norway and the Midwest. (Strømmen 829–31.)

5. Several people within the Norwegian Ministry of Foreign Affairs (“MFA”) began crafting an alternative solution that would allow for Norway to maintain a strong, sustainable foothold in the Midwest. (Mykletun 1575–83; Hansen 1079.) Dr. Jostein Mykletun, then serving in the MFA as Deputy Director General in the areas of trade, innovation, business promotion, and research, was particularly involved in this process. (Mykletun 1563–64.)

6. Mykletun, along with persons in the Norwegian Ministry of Education and Research, had been previously involved in developing a 2005 document entitled “Strategy for Norway's Scientific and Technological Cooperation with North America” (the “Strategy”). (Mykletun 1581; P161.)

7. The purpose of the Strategy was to strengthen Norway's scientific and technological cooperation with the United States and Canada. (P161–0005.) In so doing, the Norwegian government hoped to raise Norway's aggregate spending on research and development (“R & D”) and to improve the quality of Norwegian research. (Id. ) The authors of the Strategy identified three primary objectives:

1. The Strategy will contribute to the long-term escalation of R & D collaboration with the United States and Canada.

A. More Norwegian researchers and research recruits will spend time in the U.S. or Canada, and more researchers and research recruits from these countries will have comparable stays in Norway.

B. Norway's trans-Atlantic collaborations on R & D projects will expand, bilaterally or through projects involving parties from several countries.

C. Norwegian research and Norwegian business and industry will receive more and faster access to research results, knowledge, and expertise from the U.S. and Canada.

2. The Strategy will help enhance the quality of Norwegian research.

A. More collaboration with North America will stimulate the revitalization of Norwegian research, improving the quality and efficiency of researcher training.

B. Priority will be given to fields of research and groups that maintain high quality standards.

3. More R & D collaboration with the United States and Canada will contribute to more knowledge-based economic development in Norway.

A. More partnerships will develop for the purpose of innovation and R & D-based economic development.

B. More people from Norwegian research, industry, the authorities, and others will become familiarized with relevant groups for research and economic development in North America, with a view to augmenting entrepreneurship in Norway.

(Id. at P161–0006.)

8. Because of Mykletun's previous involvement in developing the Strategy, he was invited to participate in the effort to chart an alternative course for Norway's Consulate in Minnesota. (Mykletun 1576.) Mykletun, who had attended Macalester College in St. Paul many years earlier, had close connections with Minnesota as well as with his employer, the MFA. (Mueller 1124.) Jeffrey Mueller, then the President of the Norwegian–American Chamber of Commerce (“NACC”) in Minneapolis, credited Mykletun with shepherding the Norwegian–American community in the Midwest through the process of understanding and supporting an alternative Consulate. (Mueller 1126–27.)

9. Mykletun met with members of the Norwegian–American community who were opposed to the closing of the Career Consulate and discussed an alternative approach to the Consulate that would maintain Norway's significant presence in the Midwest. (Mueller 1127.) In terms of funding, Mykletun suggested that collaborative funding among different Norwegian government ministries would demonstrate widespread “buy-in,” and would show that the Norwegian government remained committed to the Midwest, even though it had decided to close the Career Consulate. (Mueller 1127–28.)

10. As a result of this effort, a “new model” for an honorary consulate was developed for Minneapolis (the “Honorary Consulate” or the “New Model Consulate”). (Mondale 606–07; Strømmen 831–35; Gandrud 969–70.) The New Model Consulate was designed to build upon and strengthen the relationship between the Midwest and Norway through focused efforts to increase collaboration in two key strategic areas: (1) business and innovation; and (2) education and research. (Gandrud 503, 1006; Mondale 605–06; Mykletun 1576–79, 1581–83.) The New Model Consulate was an outgrowth of the Strategy, as well as an outgrowth of a bilateral agreement on research and technology between Norway and the United States. (Ewald at 86, 90; P–161; see also Mykletun 1617–18.)

11. Two expert positions in the New Model Consulate were developed to drive collaboration in these two strategic areas: (1) an Innovation and Business Development Officer (the “Innovation and Business Position”); and (2) a Higher Education and Research Officer (the “Higher Education and Research Position”). (Mykletun 159091.)

12. Mykletun discussed his vision of the New Model Consulate with members of the Norwegian–American business community in Minnesota, including Lois Quam and Marius Hansen. (Hansen 1078, 1102.) Quam and Hansen were colleagues who were actively involved in the Norwegian– American community. (Hansen 1076.) Hansen also had served as a board member of the NACC. (Hansen 1077.) In the course of their meetings and conversations about the New Model Consulate, Mykletun indicated that the two expert positions would collaborate in certain areas. (Hansen 1081.) Hansen explained that the two positions represented “intersecting circles” of education and business, which both included the commercialization of research. (Id. ) Based on Hansen's recollection of these conversations with Mykletun, he understood that the two positions were parallel and equal. (Id. ) Hansen held this belief because the intention behind the two positions was the same to foster relationships between the Midwest and Norway. (Hansen 1081, 1101.) At trial, Mykletun testified that the two positions were equally important. (Mykletun 1589.) The Higher Education and Research Officer was tasked with fostering relationships between universities in the two regions, while the Innovation and Business Development Officer was tasked with...