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Grounds: Plaintiff who alleged retaliation in complaint was not free to add race discrimination claim by way of summary judgment briefing. Rock-Tenn Services, Inc., 878 F.3d 1111, 1 (8th Cir. Here employer merely offered addition al examples of poor performance other than the one client mentioned at the time of discharge.
state law discrimination (disability), reasonable accommodation, retaliation, aiding and abetting. Jury could infer from the discussion of layoffs during the phone call about plaintiff's letter that managers terminate plaintiff's employment at that time-the same day as her protected act.
Claims on Appeal: Title VII, Equal Pay Act and Iowa state law. "Market forces" defense: The district court gave an instruction that, in relevant part, stated that "market forces and economic conditions cannot justify perpetuation of [a pay] differential" between men and women. 188, 205 (1974), that it is not a defense under the Equal Pay Act that an employer pays women less than men "simply because men would not work at the low rates paid women" and market forces therefore dictated lower wages for women.
Plaintiff assert's cat's-paw liability, but produced no evidence that allegedly biased employee had sufficient influence over decision maker to cause him to fire her. Employer's rationale for termination (performance) substantiated by record that her supervisors and coworkers had on numerous occasions informed her of perceived deficiencies in her work. Comments about her looks (one would "often" comment about how he thought plaintiff "was very good looking," and he made comments about her clothes such as "those jeans look nice" or "I like that shirt on you," and on one occasion male employee "crawled on the floor and lifted her pants so he could see her high heels") not severe or pervasive., 850 F.3d 368, 1 (8th Cir.
Normally pro se plaintiffs are granted leave to amend their pleadings. MJ Optical, Inc., 870 F.3d 820, 130 FEP 663 (8th Cir.
Exclusion of expert about plaintiff's prior trauma properly excluded, where it was not relevant to objective prong of offensiveness. Plaintiff failed to present genuine dispute of material fact about when she received right-to-sue letter, thus employer established timeliness defense as a matter of law. Further, even if the lack of an initial verified charge would have indicated lack of exhaustion, the documents plaintiff supplied with her objections, including a copy of the verified charge mailed on July 28 and received by the EEOC on July 30, plus the Notice of Right to Sue, indicate she has cured any deficiency in the exhaustion requirements.
Evidence of retaliation to prove discrimination: Allsteel claimed that evidence of alleged retaliation against one plaintiff was inadmissible because that plaintiff did not allege retaliation.