Discriminatory statements made by supervisors may serve as evidence of discriminatory intent in a gender discrimination claim.
A female employee sues her employer for gender discrimination and unequal pay after being reassigned from a Parts Clerk position to a Material Transaction Clerk role during a plant-wide reorganization. The question presented is whether the employee established a prima facie case of discrimination sufficient to survive summary judgment. The court applies the standard that summary judgment is appropriate when the evidence is so one-sided that one party must prevail as a matter of law. The court holds that the employee failed to demonstrate she was qualified for the new position, which required supervisory and mechanical skills she lacked, and that her reassignment was motivated by gender rather than legitimate business reasons. The court affirms the summary judgment.
At page 511 Analyzing prima facie case elements in reassignment claims135 citing cases“employers have wide latitude to make business decisions,”
- Ann J. Thomas v. Louis Caldera, No. 99-3324 (8th Cir. May 9, 2000).unpublished([E]mployers have wide latitude to make business decisions.)
- Engstrand v. Pioneer Hi-Bred Int'l, Inc., 946 F. Supp. 1390 (S.D. Iowa 1996).published ([A]n employer has the right to ... assign work, to change an employee’s duties, to refuse to assign a particular job, and to discharge — for good reason, bad reason, or no reason at all, absent intentional ... discrimi…)
- Doe 1 v. The Curators of the Univ. of Missouri, No. 2:19-cv-04229 (W.D. Mo. Aug. 30, 2022).(holding that, in the Title VII context, if a plaintiff’s treatment is “‘so different from what could be expected’ it may give rise to an inference of gender discrimination” (citation omitted)
- Lee v. K Mart Corp., 836 F. Supp. 2d 841 (D. Minn. 2011).published([A]n employer has the right to ... discharge — for good reason, bad reason, or no reason at all, absent intentional ... discrimination.” (internal quotation marks omitted))
- Myers v. Tursso Co., Inc., 496 F. Supp. 2d 986 (N.D. Iowa 2007).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Kirt v. Fashion Bug 3253, Inc., 495 F. Supp. 2d 957 (N.D. Iowa 2007).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995); see generally Bunda v. Potter, 369 F.Supp.2d 1039,…
- Rohloff v. Metz Baking Co., L.L.C, 491 F. Supp. 2d 840 (N.D. Iowa 2007).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Gen. Elec. Capital Corp. v. Com. Servs. Grp., Inc., 485 F. Supp. 2d 1015 (N.D. Iowa 2007).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Robin v. Carroll Cmty. Sch. Dist., 486 F. Supp. 2d 892 (N.D. Iowa 2007).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Parada v. Great Plains Int'l of Sioux City, Inc., 483 F. Supp. 2d 777 (N.D. Iowa 2007).published United States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
Show 124 more citing cases
- Kirt v. Fashion Bug 3253, Inc., 479 F. Supp. 2d 938 (N.D. Iowa 2007).publishedUnited, States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Union Pac. R.R. v. Cedar Rapids & Iowa City Ry. Co., 477 F. Supp. 2d 980 (N.D. Iowa 2007).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Habben v. City of Fort Dodge, 472 F. Supp. 2d 1142 (N.D. Iowa 2007).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Raymond v. U.S.A. Healthcare Ctr.-Fort Dodge, L.L.C., 468 F. Supp. 2d 1047 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Jones Ex Rel. Jones v. Winnebago Indus., Inc., 460 F. Supp. 2d 953 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Fuller v. Alliant Energy Corp. Servs., Inc., 456 F. Supp. 2d 1044 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Orluske v. Mercy Med. Ctr.-North Iowa, 455 F. Supp. 2d 900 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Saeemodarae v. Mercy Health Servs., 456 F. Supp. 2d 1021 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Sanchez v. Am. Popcorn Co., 450 F. Supp. 2d 985 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Maytag Corp. v. Electrolux Home Prods., Inc., 448 F. Supp. 2d 1034 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Podkovich v. Glazer's Distributors of Iowa, Inc., 446 F. Supp. 2d 982 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Meylor v. Hartford Life Grp. Ins., 444 F. Supp. 2d 963 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Doctor John's, Inc. v. City of Sioux City, IA, 438 F. Supp. 2d 1005 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Jensen v. Barlas, 438 F. Supp. 2d 988 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Pro-Edge L.P. v. Gue, 419 F. Supp. 2d 1064 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Dewey v. Chertoff, 416 F. Supp. 2d 661 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Niver v. Travelers Indem. Co. of Illinois, 412 F. Supp. 2d 966 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Baxter v. Briar Cliff Coll. Grp. Ins. Plan, 409 F. Supp. 2d 1108 (N.D. Iowa 2006).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Conveyor Co. v. Sunsource Tech. Servs., Inc., 398 F. Supp. 2d 992 (N.D. Iowa 2005).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040, 118 S.Ct. 1336 , 140 L.Ed.2d 498 *998 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 13…
- Gordon v. Gerard Treatment Programs, L.L.C., 390 F. Supp. 2d 826 (N.D. Iowa 2005).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Doctor John's, Inc. v. City of Sioux City, Iowa, 389 F. Supp. 2d 1096 (N.D. Iowa 2005).published United States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), ce rt. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Morris v. Conagra Foods, Inc., 435 F. Supp. 2d 887 (N.D. Iowa 2005).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Park v. Hill, 380 F. Supp. 2d 1002 (N.D. Iowa 2005).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- McMannes v. United Rentals, Inc., 371 F. Supp. 2d 1019 (N.D. Iowa 2005).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995).
- Griffiths v. Winnebago Indus., Inc., 369 F. Supp. 2d 1063 (N.D. Iowa 2005).published United States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Bunda v. Potter, 369 F. Supp. 2d 1039 (N.D. Iowa 2005).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Steck v. Francis, 365 F. Supp. 2d 951 (N.D. Iowa 2005).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Lorenzen v. GKN Armstrong Wheels, Inc., 345 F. Supp. 2d 977 (N.D. Iowa 2004).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Nelson v. Long Lines Ltd., 335 F. Supp. 2d 944 (N.D. Iowa 2004).published United States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach, 49 F.3d at 1325 .
- Jacobsen v. Dep't of Transp., 332 F. Supp. 2d 1217 (N.D. Iowa 2004).published United States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert, denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach, 49 F.3d at 1325 .
- Kaydon Acquisition Corp. v. Custum Mfg., Inc., 317 F. Supp. 2d 896 (N.D. Iowa 2004).publishedUnited States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Reach v. AlliedSignal, Inc., 184 F. Supp. 2d 932 (W.D. Mo. 2000).published
- 77 Fair empl.prac.cas. (Bna) 1020, 74 Empl. Prac. Dec. P 45,502 Julie H. Lee v. State of Minnesota, Dep't of Com. James E. Ulland, Comm'r Tammy McGlone Individually & in Her Off. Capacity, 157 F.3d 1130 (8th Cir. 1998).published
- Michele Lacroix v. Sears, Roebuck,& Co., 240 F.3d 688 (8th Cir. 2001).published
- Reutzel v. Spartan Chem. Co., 903 F. Supp. 1272 (N.D. Iowa 1995).published
- Tralon Corp. v. Cedarapids, Inc., 966 F. Supp. 812 (N.D. Iowa 1997).published
- Delashmutt v. Wis-Pak Plastics, Inc., 990 F. Supp. 689 (N.D. Iowa 1998).published
- Knutson v. Sioux Tools, Inc., 990 F. Supp. 1114 (N.D. Iowa 1998).published
- Reedy v. White Consol. Indus., Inc., 890 F. Supp. 1417 (N.D. Iowa 1995).published
- Bruns v. Halford, 913 F. Supp. 1295 (N.D. Iowa 1996).published
- RAYMOND S. v. Ramirez, 918 F. Supp. 1280 (N.D. Iowa 1996).published
- Gerdes v. Swift-Eckrich, Inc., 949 F. Supp. 1386 (N.D. Iowa 1996).published
- Waitek v. Dalkon Shield Trust, 908 F. Supp. 672 (N.D. Iowa 1995).published
- Rural Water Sys. 1 v. City of Sioux Ctr., 967 F. Supp. 1483 (N.D. Iowa 1997).published
- Morris v. Winnebago Indus., Inc., 936 F. Supp. 1509 (N.D. Iowa 1996).published
- McPeek v. Beatrice Co., 936 F. Supp. 618 (N.D. Iowa 1996).published
- Valentine v. Am. Home Shield Corp., 939 F. Supp. 1376 (N.D. Iowa 1996).published
- Bliek v. Palmer, 916 F. Supp. 1475 (N.D. Iowa 1996).published
- Moland v. Bil-Mar Foods, 994 F. Supp. 1061 (N.D. Iowa 1998).published
- Taylor v. United States Internal Revenue Serv., 186 B.R. 441 (N.D. Iowa 1995).published
- Curtis K. Ex Rel. Delores K. v. Sioux City Cmty. Sch. Dist., 895 F. Supp. 1197 (N.D. Iowa 1995).published
- Lockhart v. Cedar Rapids Cmty. Sch. Dist., 963 F. Supp. 805 (N.D. Iowa 1997).published
- Kracht v. Aalfs Assocs. H.C.P., 905 F. Supp. 604 (N.D. Iowa 1995).published
- Hancock v. Thalacker, 933 F. Supp. 1449 (N.D. Iowa 1996).published
- Env't Dynamics, Inc. v. Robert Tyer & Assocs., Inc., 929 F. Supp. 1212 (N.D. Iowa 1996).published
- Geiger v. Tokheim, 191 B.R. 781 (N.D. Iowa 1996).published
- Wahpeton Canvas Co. v. Bremer, 958 F. Supp. 1347 (N.D. Iowa 1997).published
- Dirks v. J.C. Robinson Seed Co., 980 F. Supp. 1303 (N.D. Iowa 1997).published
- Jenkins v. Wal-Mart Stores, Inc., 910 F. Supp. 1399 (N.D. Iowa 1995).published
- Coulter v. Cigna Prop. & Cas. Companies, 934 F. Supp. 1101 (N.D. Iowa 1996).published
- Sicard v. City of Sioux City, 950 F. Supp. 1420 (N.D. Iowa 1996).published
- Heather K. by Anita K. v. City of Mallard, Iowa, 946 F. Supp. 1373 (N.D. Iowa 1996).published
- Sec. State Bank v. Firstar Bank Milwaukee, N.A., 965 F. Supp. 1237 (N.D. Iowa 1997).published
- Coop. Fin. Ass'n, Inc. v. Garst, 917 F. Supp. 1356 (N.D. Iowa 1996).published
- Muller v. Hotsy Corp., 917 F. Supp. 1389 (N.D. Iowa 1996).published
- Swanson v. Van Otterloo, 993 F. Supp. 1224 (N.D. Iowa 1998).published
- Corcoran v. Land O' Lakes, Inc., 39 F. Supp. 2d 1139 (N.D. Iowa 1999).published
- Hennick v. Schwans Sales Enter., Inc., 168 F. Supp. 2d 938 (N.D. Iowa 2001).published
- Cochran v. Gehrke, Inc., 293 F. Supp. 2d 986 (N.D. Iowa 2003).published
- Utica Mut. Ins. v. Stockdale Agency, 892 F. Supp. 1179 (N.D. Iowa 1995).published
- Equal Emp. Opportunity Comm'n v. Wyeth, 302 F. Supp. 2d 1041 (N.D. Iowa 2004).published
- Martinez v. Cole Sewell Corp., 233 F. Supp. 2d 1097 (N.D. Iowa 2002).published
- Dishman v. Am. Gen. Assurance Co., 187 F. Supp. 2d 1073 (N.D. Iowa 2002).published
- Michaelson v. Waitt Broad., Inc., 187 F. Supp. 2d 1059 (N.D. Iowa 2002).published
- Salcido Ex Rel. Gilliland v. Woodbury Cnty., Iowa, 119 F. Supp. 2d 900 (N.D. Iowa 2000).published
- Cochran v. Gehrke, Inc., 305 F. Supp. 2d 1045 (N.D. Iowa 2004).published
- Hanna v. Boys & Girls Home & Fam. Servs., Inc., 212 F. Supp. 2d 1049 (N.D. Iowa 2002).published
- Erickson-Puttmann v. Gill, 212 F. Supp. 2d 960 (N.D. Iowa 2002).published
- Kish v. Iowa Cent. Cmty. Coll., 142 F. Supp. 2d 1084 (N.D. Iowa 2001).published
- Top of Iowa Coop. v. Schewe, 6 F. Supp. 2d 843 (N.D. Iowa 1998).published
- Wensel v. State Farm Mut. Auto. Ins., 218 F. Supp. 2d 1047 (N.D. Iowa 2002).published
- Jones Distrib. Co. v. White Consol. Indus., Inc., 943 F. Supp. 1445 (N.D. Iowa 1996).published
- Beaver v. Earthgrains Baking Companies, Inc., 216 F. Supp. 2d 920 (N.D. Iowa 2002).published
- Schultzen v. Woodbury Cent. Cmty. Sch. Dist., 250 F. Supp. 2d 1047 (N.D. Iowa 2003).published
- Cent. States Indus. Supply, Inc. v. McCullough, 279 F. Supp. 2d 1005 (N.D. Iowa 2003).published
- Wordekemper v. W. Iowa Homes & Equip., Inc., 262 F. Supp. 2d 973 (N.D. Iowa 2003).published
- Dose v. Buena Vista Univ., 229 F. Supp. 2d 910 (N.D. Iowa 2002).published
- Castenson v. City of Harcourt, 86 F. Supp. 2d 866 (N.D. Iowa 2000).published
- Schaller Tel. Co. v. Golden Sky Sys., Inc., 139 F. Supp. 2d 1071 (N.D. Iowa 2001).published
- Joens v. John Morrell & Co., 243 F. Supp. 2d 920 (N.D. Iowa 2003).published
- Busch v. City of Anthon, Iowa, 173 F. Supp. 2d 876 (N.D. Iowa 2001).published
- Richards v. Farner-Bocken Co., 145 F. Supp. 2d 978 (N.D. Iowa 2001).published
- Helm Fin. Corp. v. Iowa N. Ry. Co., 214 F. Supp. 2d 934 (N.D. Iowa 2002).published
- Peda v. Am. Home Prods. Corp., 214 F. Supp. 2d 1007 (N.D. Iowa 2002).published
- Lyons v. Midwest Glazing, L.L.C., 235 F. Supp. 2d 1030 (N.D. Iowa 2002).published
- Eischeid v. Dover Constr., Inc., 265 F. Supp. 2d 1047 (N.D. Iowa 2003).published
- Webster Indus., Inc. v. Northwood Doors, Inc., 320 F. Supp. 2d 821 (N.D. Iowa 2004).published
- Meyer v. Iowa Mold Tooling Co., Inc., 141 F. Supp. 2d 973 (N.D. Iowa 2001).published
- MILLAGA v. City of Sioux City, 258 F. Supp. 2d 976 (N.D. Iowa 2003).published
- Kallich v. North Iowa Anesthesia Assocs., P.C., 179 F. Supp. 2d 1043 (N.D. Iowa 2002).published
- Stricker v. Cessford Constr. Co., 179 F. Supp. 2d 987 (N.D. Iowa 2001).published
- Smith v. Eaton Corp., 195 F. Supp. 2d 1079 (N.D. Iowa 2002).published
- Brant v. Principal Life & Disability Ins. Co., 195 F. Supp. 2d 1100 (N.D. Iowa 2002).published
- Brown v. Farmland Foods, Inc., 178 F. Supp. 2d 961 (N.D. Iowa 2001).published
- Fagen v. Iowa, 301 F. Supp. 2d 997 (S.D. Iowa 2004).published
- Kaydon Acquisition Corp. v. Custum Mfg., Inc., 301 F. Supp. 2d 945 (N.D. Iowa 2004).published
- Woods Masonry, Inc. v. Monumental Gen. Cas. Ins., 198 F. Supp. 2d 1016 (N.D. Iowa 2002).published
- Walker Mfg., Inc. v. Hoffmann, Inc., 261 F. Supp. 2d 1054 (N.D. Iowa 2003).published
- Equal Emp. Opportunity Comm'n v. Am. Home Prods. Corp., 165 F. Supp. 2d 886 (N.D. Iowa 2001).published
- Parker v. Barnhart, 174 F. Supp. 2d 920 (N.D. Iowa 2001).published
- White v. Kautzky, 269 F. Supp. 2d 1054 (N.D. Iowa 2003).published
- Baker v. John Morrell & Co., 220 F. Supp. 2d 1000 (N.D. Iowa 2002).published
- Oeltjenbrun v. CSA Investors, Inc., 3 F. Supp. 2d 1024 (N.D. Iowa 1998).published
- Soto v. John Morrell & Co., 285 F. Supp. 2d 1146 (N.D. Iowa 2003).published
- Dunbar v. Pepsi-Cola Gen. Bottlers of Iowa, Inc., 285 F. Supp. 2d 1180 (N.D. Iowa 2003).published
- Canady v. John Morrell & Co., 247 F. Supp. 2d 1107 (N.D. Iowa 2003).published
- Hanson v. Hancock Cnty. Mem'l Hosp., 938 F. Supp. 1419 (N.D. Iowa 1996).published
- Kunzman v. Enron Corp., 902 F. Supp. 882 (N.D. Iowa 1995).published
- Brodersen v. Sioux Valley Mem'l Hosp., 902 F. Supp. 931 (N.D. Iowa 1995).published
- Moore v. Williams, 902 F. Supp. 957 (N.D. Iowa 1995).published
- Lee v. Minnesota, Dep't of Com., 157 F.3d 1130 (8th Cir. 1998).published
- Warr v. Hagel, 14 F. Supp. 3d 1244 (E.D. Mo. 2014).published
- Eischeid v. Dover Constr., Inc., 217 F.R.D. 448 (N.D. Iowa 2003).published
- Manse v. Union Elec. Co., 961 F. Supp. 1296 (E.D. Mo. 1997).published
At page 510 Reviewing summary judgment standards for material fact disputes72 citing casesapplying McDonnell Douglas
- Frank Robinson v. White Cnty., AR, 452 F.3d 706 (8th Cir. 2006).published McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 510 (8th Cir.1995).
- Chris N. Acton v. City of Columbia, 436 F.3d 969 (8th Cir. 2006).published McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 510 (8th Cir.1995).
- Peterson v. Scottsdale Ins., 409 F. Supp. 2d 1139 (D. Minn. 2006).publishedCo., 60 F.3d 437 , 441 (8th Cir.1995); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 510 (8th Cir.1995); Settle v. Ross, 992 F.2d 162, 163 (8th Cir.1993). *1143 B.
- John D. Baucom v. Holiday Companies, No. 05-1393 (8th Cir. Nov. 10, 2005).publishedMcLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 510 (8th Cir. 1995).
- John D. Baucom, Jr. v. Holiday Companies Holiday Stationstores, Inc., 428 F.3d 764 (8th Cir. 2005).published McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 510 (8th Cir.1995).
- James F. HUTSON, Plaintiff-Appellant, v. McDONNELL DOUGLAS Corp., Defendant-Appellee, 63 F.3d 771 (8th Cir. 1995).published
- Terry L. Madewell v. Mike Downs, Anthony P. Grootens, & John Prine, 68 F.3d 1030 (8th Cir. 1995).published
- Monte C. Ruby v. Springfield R-12 Pub. Sch. Dist., 76 F.3d 909 (8th Cir. 1996).published
- Salena G. Garner v. Arvin Indus. Inc./arvin North Am. Auto., 77 F.3d 255 (8th Cir. 1996).published
- Jerry Morrison & Helen Morrison v. Back Yard Burgers, Inc., 91 F.3d 1184 (8th Cir. 1996).published
Show 53 more citing cases
- 72 Fair empl.prac.cas. (Bna) 171, 69 Empl. Prac. Dec. P 44,419 Noorusadat S. Hossaini v. W. Missouri Med. Ctr. Doris Kirkpatrick, Chairperson Harold Young, Tr. Linda Gentry, Tr. Dr. M. Letterer Hugh Smith, Tr., 97 F.3d 1085 (8th Cir. 1996).published
- Deaudra Bell v. Conopco, Inc., 186 F.3d 1099 (8th Cir. 1999).published
- St. Jude Med., Inc. v. Lifecare Int'l, Inc., 250 F.3d 587 (8th Cir. 2001).published
- Bettye S. Gentry & Katherine D. Whitley v. Georgia-Pac. Corp., 250 F.3d 646 (8th Cir. 2001).published
- Theodore Knudsen v. United States, 254 F.3d 747 (8th Cir. 2001).published
- Yolanda Bediako v. Stein Mart, Inc. A Florida Corp., 354 F.3d 835 (8th Cir. 2004).published
- Bethany Reynolds v. Ethicon Endo-Surgery, Inc. Dave Burns, 454 F.3d 868 (8th Cir. 2006).published
- Hall v. Missouri High. & Transp. Com'n, 995 F. Supp. 1001 (E.D. Mo. 1998).published
- Tolerson v. Auburn Steel Co., Inc., 987 F. Supp. 700 (E.D. Ark. 1997).published
- Evans v. Rudy-Luther Toyota, Inc., 39 F. Supp. 2d 1177 (D. Minn. 1999).published
- Capitol Indem. Corp. v. Evolution, Inc., 293 F. Supp. 2d 1067 (D.N.D. 2003).published
- Miskovich v. Indep. Sch. Dist. 318, 226 F. Supp. 2d 990 (D. Minn. 2002).published
- Grozdanich v. Leisure Hills Health Ctr., Inc., 25 F. Supp. 2d 953 (D. Minn. 1998).published
- Edwards v. WINCO Mfg. Co., Inc., 5 F. Supp. 2d 743 (E.D. Mo. 1998).published
- Steele v. City of Bemidji, Minn., 114 F. Supp. 2d 838 (D. Minn. 2000).published
- De Llano v. Berglund, 142 F. Supp. 2d 1165 (D.N.D. 2001).published
- Beveridge v. Nw. Airlines, Inc., 259 F. Supp. 2d 838 (D. Minn. 2003).published
- Costley v. Thibodeau, Johnson & Feriancek, PLLP, 259 F. Supp. 2d 817 (D. Minn. 2003).published
- Rosati v. Cleveland-Cliffs, Inc., 259 F. Supp. 2d 861 (D. Minn. 2003).published
- Moubry Ex Rel. Moubry v. Indep. Sch. Dist. 696, 9 F. Supp. 2d 1086 (D. Minn. 1998).published
- McNamara v. Nomeco Bldg. Specialties, Inc., 26 F. Supp. 2d 1168 (D. Minn. 1998).published
- Horizon III Real Est. v. Hartford Fire Ins., 186 F. Supp. 2d 1000 (D. Minn. 2002).published
- Behrens v. United Vaccines Div. Of Harlan Sprague, 228 F. Supp. 2d 965 (D. Minn. 2002).published
- Armstrong v. Mille Lacs Cnty. Sheriffs Dep't, 228 F. Supp. 2d 972 (D. Minn. 2002).published
- Anderson v. Richardson, 145 F. Supp. 2d 1131 (D.N.D. 2001).published
- Ferguson v. Michael Foods, Inc., 74 F. Supp. 2d 862 (D. Minn. 1999).published
- Behrens v. United Vaccines, Inc., 189 F. Supp. 2d 945 (D. Minn. 2002).published
- McKenzie v. Lunds, Inc., 63 F. Supp. 2d 986 (D. Minn. 1999).published
- Teska v. Potlatch Corp., 184 F. Supp. 2d 913 (D. Minn. 2002).published
- Reach v. AlliedSignal, Inc., 184 F. Supp. 2d 932 (W.D. Mo. 2000).published
- United States v. House, 100 F. Supp. 2d 967 (D. Minn. 2000).published
- McGoldrick v. Datatrak Int'l, Inc., 42 F. Supp. 2d 893 (D. Minn. 1999).published
- Antioch Co. v. Scrapbook Borders, Inc., 291 F. Supp. 2d 980 (D. Minn. 2003).published
- United States v. Askegard, 291 F. Supp. 2d 971 (D. Minn. 2003).published
- Goddard, Inc. v. Henry's Foods, Inc., 291 F. Supp. 2d 1021 (D. Minn. 2003).published
- Sphere Drake Ins. PLC v. Trisko, 24 F. Supp. 2d 985 (D. Minn. 1998).published
- Olson v. Atl. Mortg. & Inv. Corp., 24 F. Supp. 2d 976 (D. Minn. 1998).published
- Wilson v. Am. Red Cross, Northland Chapter, 112 F. Supp. 2d 850 (D. Minn. 2000).published
- North Star Mut. Ins. v. Zurich Ins., 269 F. Supp. 2d 1140 (D. Minn. 2003).published
- Medalen v. Tiger Drylac U.S.A., Inc., 269 F. Supp. 2d 1118 (D. Minn. 2003).published
- Joelson v. Dep't of Vets. Affairs, 177 F. Supp. 2d 967 (D.N.D. 2001).published
- Meyer v. Duluth Bldg. Trades Welfare Fund, 149 F. Supp. 2d 1093 (D. Minn. 2001).published
- Duluth Missabe & Iron Range Ry. Co. v. Bhd. of Locomotive Engineers, 113 F. Supp. 2d 1356 (D. Minn. 2000).published
- Hayes v. Blue Cross Blue Shield of Minnesota, Inc., 21 F. Supp. 2d 960 (D. Minn. 1998).published
- Kovatovich v. K-Mart Corp., 88 F. Supp. 2d 975 (D. Minn. 1999).published
- Conant v. City of Hibbing, 131 F. Supp. 2d 1129 (D. Minn. 2000).published
- Monte C. Ruby v. Springfield R-12, No. 95-2001 (8th Cir. Feb. 16, 1996).published
- Noorusadat Hossaini v. W. MO Med. Ctr., 97 F.3d 1085 (8th Cir. 1996).published
- Yolanda Bediako v. Stein Mart, No. 02-4016 (8th Cir. Jan. 13, 2004).published
- Bonenberger v. St. Louis Metro. Police Dep't, 810 F.3d 1103 (8th Cir. 2016).published
- Burk v. Thorson, Inc., 66 F. Supp. 2d 1069 (D. Minn. 1999).published
- Herr v. Airborne Freight Corp., 950 F. Supp. 273 (E.D. Mo. 1996).published
- Young v. Warner-Jenkinson Co., 990 F. Supp. 748 (E.D. Mo. 1997).published
At page 512 Distinguishing supervisor and employee statements regarding discrimination16 citing cases“discriminatory statements made by supervisors may be evidence of discriminatory intent”
- Engstrand v. Pioneer Hi-Bred Int'l, Inc., 946 F. Supp. 1390 (S.D. Iowa 1996).published McLaughlin, 50 F.3d at 511-12 (“[A]n employer has the right to ... assign work, to change an employee’s duties, to refuse to assign a particular job, and to discharge — for good reason, bad reason, or no reason at all, absent intentional .…
- Parada v. Great Plains Int'l of Sioux City, Inc., 483 F. Supp. 2d 777 (N.D. Iowa 2007).published United States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995).
- Monte C. Ruby v. Springfield R-12 Pub. Sch. Dist., 76 F.3d 909 (8th Cir. 1996).published
- 72 Fair empl.prac.cas. (Bna) 171, 69 Empl. Prac. Dec. P 44,419 Noorusadat S. Hossaini v. W. Missouri Med. Ctr. Doris Kirkpatrick, Chairperson Harold Young, Tr. Linda Gentry, Tr. Dr. M. Letterer Hugh Smith, Tr., 97 F.3d 1085 (8th Cir. 1996).published
- Reach v. AlliedSignal, Inc., 184 F. Supp. 2d 932 (W.D. Mo. 2000).published
- Noorusadat Hossaini v. W. MO Med. Ctr., 97 F.3d 1085 (8th Cir. 1996).published
- 77 Fair empl.prac.cas. (Bna) 1020, 74 Empl. Prac. Dec. P 45,502 Julie H. Lee v. State of Minnesota, Dep't of Com. James E. Ulland, Comm'r Tammy McGlone Individually & in Her Off. Capacity, 157 F.3d 1130 (8th Cir. 1998).published
- Lee v. Minnesota, Dep't of Com., 157 F.3d 1130 (8th Cir. 1998).published
- Denova Candies, Appellant, v. Texaco Refining & Mktg., Inc., Appellee, 107 F.3d 584 (8th Cir. 1997).published
- Hill v. St. Louis Univ., 923 F. Supp. 1199 (E.D. Mo. 1996).published
Show 6 more citing cases
- Piantanida v. Wyman Ctr., Inc., 927 F. Supp. 1226 (E.D. Mo. 1996).published
- Rayl v. Fort Wayne Cmty. Schs., 87 F. Supp. 2d 870 (N.D. Ind. 2000).published
- Poitras v. Glaxo Smithkline Consum. Healthcare, 635 F. Supp. 2d 1003 (E.D. Mo. 2009).published
- Allen v. Chicago Transit Auth., 163 F. Supp. 2d 953 (N.D. Ill. 2001).published
- Denova Candies v. Texaco Refining &, No. 96-1604 (8th Cir. Feb. 21, 1997).published
- Sharon D. Vaughn v. Citicorp Mortg., 20 F. App'x 594 (8th Cir. 2001).unpublished
At page 513 Determining prima facie case for gender discrimination15 citing casesfinding two jobs not equal because the male employee performed additional tasks
- Martin v. Delta Cnty. Mem'l Hosp. Dist., No. 1:19-cv-01339 (D. Colo. Dec. 23, 2021).(finding two jobs not equal because the male employee performed additional tasks)
- Ewald v. Royal Norwegian Embassy, 82 F. Supp. 3d 871 (D. Minn. 2014).published(finding two jobs not equal because the male employee performed additional tasks)
- Griffiths v. Winnebago Indus., Inc., 369 F. Supp. 2d 1063 (N.D. Iowa 2005).published United States v. Crane Co., 122 F.3d 559, 562 (8th Cir.1997), cert. denied, 523 U.S. 1040 , 118 S.Ct. 1336 , 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324,…
- Hennick v. Schwans Sales Enter., Inc., 168 F. Supp. 2d 938 (N.D. Iowa 2001).published
- Rebecca A. Berg v. Norand Corp., 169 F.3d 1140 (8th Cir. 1999).published
- No. 98-2717, 177 F.3d 1076 (8th Cir. 1999).published
- Mary Buettner v. Arch Coal Sales Co., Inc. & Arch Coal, Inc., 216 F.3d 707 (8th Cir. 2000).published
- Betty A. Simpson v. Merchants & Planters Bank, 441 F.3d 572 (8th Cir. 2006).published
- Lenihan v. Boeing Co., 994 F. Supp. 776 (S.D. Tex. 1998).published
- Flockhart v. Iowa Beef Processors, Inc., 192 F. Supp. 2d 947 (N.D. Iowa 2001).published
Show 2 more citing cases
- Annie Mae Jackson v. Superior Ind., No. 97-4083 (8th Cir. Jan. 20, 1999).unpublished
- United States v. Ringling, No. 4:17-cv-04006 (D.S.D. Feb. 21, 2019).
v.
ESSELTE PENDAFLEX CORPORATION, Defendant-Appellee
Barbara McLaughlin brought suit against Esselte Pendaflex Corporation (“Pendaflex”) alleging gender discrimination under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2(a), the Missouri Human Rights Act, Mo.Rev.Stat. § 213.010 et seq., and the Equal Pay Act, 29 U.S.C. § 206(d)(1). The District Court granted Pendaflex’s motion for summary judgment on the basis that McLaughlin failed to state a prima facie case of discrimination with respect to her claims. McLaughlin appeals. We affirm.
I. BACKGROUND
Pendaflex is in the business of manufacturing filing supplies and products. McLaughlin has been employed by Pendaflex at its Union, Missouri plant since February 22, 1982. She contends that Pendaflex violated Title VII, the Missouri Human Rights Act, and the Equal Pay Act when it reorganized the plant and reassigned her from Parts Clerk (Maintenance Buyer/Store Attendant) in the maintenance department to Material Transaction Clerk in a different department. As a result, McLaughlin now works the night shift and is no longer entitled to curtailment days. Otherwise, she receives the same compensation now as she did prior to her reassignment. Pendaflex argues that the reassignment was part of an overall down-sizing and reorganization of the plant caused by decreased sales. McLaughlin argues only that the implementation of the reorganization plan was discriminatory; she does not contend that the decision to restructure was based on discriminatory motives.
Reorganization and down-sizing of the Pendaflex plant began in 1992. During that year, sixty hourly position were eliminated as were a number of salaried positions. Overall, the workforce was reduced by 33%. As part of this reorganization, Pendaflex eliminated and consolidated various positions.[*510] McLaughlin’s position of Parts Clerk was eliminated. Additionally, the Maintenance Supervisor position, held by McLaughlin’s supervisor Carl Gumpenberger, was also eliminated. A new position, Maintenance Coordinator, was established. This new position, currently held by Gumpenberger, combines tasks previously performed by McLaughlin as Parts Clerk and tasks previously performed by Gumpenberger as Maintenance Supervisor. Steve Stump’s position as Project Engineer was also eliminated. Stump was assigned to the newly created position of Maintenance Engineer, which is a combination of some of his former duties and some of Gumpenberger’s former duties. Furthermore, two Equipment and Process Technician positions, both held by males, were eliminated.
II. DISCUSSION
The District Court’s grant of summary judgment in favor of Pendaflex is reviewed de novo applying the same standards as the District Court. Sargent Construction Co. v. State Auto Ins. Co., 23 F.3d 1324, 1326 (8th Cir.1994). “We will affirm the grant of a summary judgment motion if the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Bashara v. Black Hills Corp., 26 F.3d 820, 823 (8th Cir.1994). There is no genuine issue of material fact if the evidence is such that a reasonable jury could not return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). This Court determines whether there is a genuine issue of material fact based upon the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits. Fed.R.Civ.P. 56(c). Reliance on “mere pleadings” will not suffice to discharge the non-movant’s burden. Fed.R.Civ.P. 56(c) & (e); Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). “If the evidence is merely colorable or is not significantly probative, summary judgment may be granted.” Anderson, 477 U.S. at 249, 106 S.Ct. at 2511. Furthermore, Rule 56(c) requires
entry of summary judgment ... against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. In such a situation, there can be ‘no genuine issue as to any material fact,’ since a complete failure of proof concerning an essential element of the non-moving party’s case necessarily renders all other facts immaterial. The moving party is ‘entitled to a judgment as a matter of law* because the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.
Celotex, 477 U.S. at 322-23, 106 S.Ct. at 2552.
Title VII claims are evaluated under the “burden shifting” analysis set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). This framework is also appropriate for evaluating claims under the Missouri Human Rights Act. Midstate Oil Co. v. Missouri Comm’n on Human Rights, 679 S.W.2d 842, 845-46 (Mo.1984) (en banc). In a Title VII action, the plaintiff carries the initial burden of establishing a prima facie case of discrimination. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824. “The burden then must shift to the employer to articulate some legitimate, nondiseriminatory reason for the employee’s rejection.” Id. If the employer articulates a legitimate reason for the employee’s rejection, the burden then shifts back to the employee to show that the employer’s justification is a pretext. Id.
A. Title YII & the Missouri Human Rights Act
The following elements will establish a prima facie case of discrimination under Title VII: (1) plaintiff is a member of a protected class; (2) plaintiff met applicable job qualifications; and (3) despite qualifications, plaintiff was displaced. In addition, the plaintiff must also demonstrate that the adverse employment decision occurred in “ ‘circumstances which allow the court to infer unlawful discrimination.’ ” Davenport v. [*511] Riverview Gardens School, 30 F.3d 940, 944 (8th Cir.1994) (quoting Craik v. Minnesota State Univ. Bd., 731 F.2d 465, 469 (8th Cir.1984)).
The moving party, Pendaflex, has met its initial burden of showing that there is a lack of evidence to support McLaughlin’s case. Therefore, McLaughlin may not rely upon her pleadings but must set forth specific facts to demonstrate that she has met her burden of establishing a prima facie case. See Anderson, 477 U.S. at 248, 106 S.Ct. at 2510; Celotex, 477 U.S. at 322, 106 S.Ct. at 2552. McLaughlin is a female and Gumpenberger, a male, now performs what McLaughlin contends is the Parts Clerk position that she formerly held. Therefore, at issue is whether McLaughlin can meet the requirements with respect to the second, third, and fourth elements of the prima facie case — ie., that she was qualified for the position now held by Gumpenberger and despite her qualifications she was reassigned because she is female.
McLaughlin contends that her former position as Parts Clerk was not eliminated but renamed Maintenance Coordinator and is currently held by Gumpenberger. Pendaflex concedes that Gumpenberger, in the position of Maintenance Coordinator, is performing the tasks that McLaughlin formerly performed. However, the Maintenance Coordinator is also responsible for supervising the two machinists who work in the Die Shop, assisting in supervision of the Machine Shop, developing and monitoring a budget of approximately $425,000 per year, properly handling hazardous waste, and developing technical improvements such as increasing die life. Furthermore, McLaughlin concedes that Gumpenberger continues to perform some of the supervisory duties he performed prior to reorganization. Therefore, the Maintenance Coordinator position requires Gumpenberger to perform significantly different responsibilities from those McLaughlin performed as Parts Clerk.
McLaughlin fails to establish that she is qualified for this new Maintenance Coordinator position currently held by Gumpenber-ger. There is great disparity between McLaughlin’s level of experience and Gum-penberger’s level of experience. As Parts Clerk, McLaughlin’s duties included providing parts to employees from the storeroom, ordering parts requisitioned by employees, and counting parts in inventory. In addition, she had authority to make purchases up to $250. Prior to that she performed clerical duties. Prior to reorganization Gumpenber-ger supervised McLaughlin and approximately eleven technicians. In his former position as Maintenance Supervisor, Gumpenberger was responsible for the maintenance of all equipment in the plant. He also had supervisory duties over the machinists in the die shop and the machine shop. He assisted with development of the maintenance department budget and was responsible for ensuring that the maintenance department remained within its budget. Furthermore, Gumpenberger’s twenty-nine year plus employment history includes a significant amount of managerial, mechanical, and supervisory experience. The position of Maintenance Coordinator requires supervisory, mechanical, and administrative skills Gum-penberger possesses and McLaughlin lacks. Therefore, McLaughlin has failed to establish that she was denied a position for which she was qualified. As a result, she fails to establish the second and third elements of the prima facie ease.
Furthermore, McLaughlin also fails to demonstrate that her reassignment occurred under circumstances that would allow the Court to infer that it was motivated by gender discrimination. If her treatment was “so different from what could be expected” it may give rise to an inference of gender discrimination. Greiner v. City of Champlin, 27 F.3d 1346, 1356 (8th Cir.1994). McLaughlin may offer either direct, circumstantial, or statistical evidence to support her claim. Bashara, 26 F.3d at 825. However, “cursory and conclusory allegations ... are insufficient.” Id. (citing Kypke v. Burlington Northern Railroad Company, 928 F.2d 285, 287 (8th Cir.1991)).
Although Title VII tolerates no discrimination whether subtle or otherwise, this circuit has also acknowledged that employers have wide latitude to make business deci[*512] sions. “[A]n employer has the right to ... assign work, to change an employee’s duties, to refuse to assign a particular job, and to discharge — for good reason, bad reason, or no reason at all, absent intentional ... discrimination.” Walker v. AT & T Phone Ctr., Inc., 995 F.2d 846, 849-50 (8th Cir.1993); Neufeld v. Searle Laboratories, 884 F.2d 335, 340 (8th Cir.1989) (recognizing that “courts have no business telling [companies] how to make personnel decisions, which may be objectively or subjectively based”); Smith v. Monsanto Chem. Co., 770 F.2d 719, 723 n. 3 (8th Cir.1985) (recognizing that an employer may develop arbitrary, ridiculous and even irrational policies as long as they are applied in a nondiscriminatory manner), cert. denied, 475 U.S. 1050, 106 S.Ct. 1273, 89 L.Ed.2d 581 (1986). Furthermore, the Supreme Court has stated that “the fact that a court may think that the employer misjudged the qualifications of the applicants does not in itself expose [the employer] to Title VII liability....” Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 259, 101 S.Ct. 1089, 1097, 67 L.Ed.2d 207 (1981). It is not sufficient for McLaughlin to raise an issue regarding whether it was a wise decision to transfer her. She meets her burden only if she can present evidence that would allow a reasonable jury to conclude that the decision was based on her gender. This McLaughlin fails to do.
As evidence of discrimination, McLaughlin refers to statements allegedly made by Gum-penberger, who was her supervisor at the time the statements were made. She contends that shortly after learning of her reassignment she remarked to Gumpenberger that she thought her reassignment was because she was a woman, and Gumpenberger allegedly responded, “Yes, I believe that’s right.” McLaughlin Dep. at 89-90. Gum-penberger indicated that he did not recall the conversation. Gumpenberger Dep. at 23. For purposes of summary judgment, we resolve this in favor of McLaughlin.
McLaughlin contends that discriminatory statements made by supervisors may be evidence of discriminatory intent. However, all of the cases McLaughlin relies on involved statements made by persons involved in the decision-making process. See, e.g., Stacks v. Southwestern Bell Yellow Pages, Inc., 27 F.3d 1316, 1323 (1994); Beshears v. Asbill, 930 F.2d 1348, 1354 (8th Cir.1991); Gray v. University of Ark, 883 F.2d 1394, 1398 (8th Cir.1989); Easley v. Empire Inc., 757 F.2d 923, 930 n. 7 (8th Cir.1985). Statements made by employees not involved in the decision to relocate McLaughlin do not give rise to a reasonable inference of discrimination, see Frieze v. Boatmen’s Bank of Belton, 950 F.2d 538, 541 (8th Cir.1991), nor does the “functional equivalent of a stray remark.” Bashara, 26 F.3d at 824. Although Gumpenberger was informed of Pen-daflex’s decision to transfer McLaughlin out of the maintenance department, he did not take part in the decision-making process to eliminate the Parts Clerk position or transfer McLaughlin. Furthermore, McLaughlin acknowledges that Gumpenberger opposed her transfer out of his department. For these reasons, this remark is insufficient to infer discriminatory animus.
McLaughlin also alleges that the decision to transfer her despite Gumpenberger’s objection is evidence of Pendaflex favoring male employees over her. Apparently she believes that, because the Project Engineer position Stump formerly held was eliminated, Stump should have been dismissed and she should have retained her previous position. However, McLaughlin fails to provide evidence that Pendaflex based this decision on gender rather than legitimate business considerations. The newly created Maintenance Engineer position, which Stump currently holds, combines some of Stump’s previous duties as Project Engineer and some of the duties previously performed by Gumpenberger. For example, Stump is responsible for supervising the maintenance technicians, improvements, and upgrading plant equipment and performance. He has a master’s degree in business administration and a mechanical engineering degree. Other than the alleged remark by Gumpenberger, McLaughlin offers no evidence from which it can be inferred that Pendaflex based this decision on gender rather than legitimate business interests. And stray remarks in the workplace, such as this statement, do not rise[*513] to the level necessary to create an inference of discriminatory intent. See Bashara, 26 F.3d at 824; Frieze, 950 F.2d at 541.
Finally, McLaughlin presents statistics that she contends show a pattern of discrimination. However, the fact that Pen-daflex employs more males than females is insufficient to support this inference. McLaughlin does not present any evidence to show that this purported underselection is the result of discriminatory hiring practices. “The crucial statistical questions, however, must focus on the effect of the reduetion-in-force: do the statistics show that the layoffs and firings discriminated against [a protected class of] employees.” Holley v. Sanyo Manufacturing, Inc., 771 F.2d 1161, 1167 (8th Cir.1985). In this case the statistics clearly do not support McLaughlin’s contention. It is uncontested that Pendaflex underwent a plant-wide reorganization. As part of that reorganization many employees were laid off or discharged, including two males in McLaughlin’s former department. McLaughlin, however, was offered her choice between two positions and continues to receive the same salary she did prior to reorganization. It is reasonable that a company faced with a reduction in force would attempt to shift its employees around to adjust to the situation.
Considered as a whole and in the light most favorable to McLaughlin, the evidence is insufficient for a reasonable jury to conclude that McLaughlin was denied a position for which she was qualified on the basis of impermissible gender discrimination. McLaughlin fails to establish that she was denied a position for which she was qualified. Moreover, she fails to establish that her reassignment was motivated by gender discrimination rather than legitimate business reasons. Therefore, she has not made out a prima facie case of gender discrimination. And although McLaughlin raises additional arguments, after full consideration we find them without merit and do not discuss them here. For these reasons, we hold that the District Court properly granted Pendaflex’s motion for summary judgment on this issue.
B. Equal Pay
With respect to the Equal Pay claim, Pendaflex has met its initial burden under summary judgment and demonstrated that there is a lack of evidence to support McLaughlin’s case. Therefore, McLaughlin may not rely upon her pleadings but must set forth specific facts to demonstrate that she has met her burden of establishing a prima facie case. See Anderson, 477 U.S. at 248, 106 S.Ct. at 2510; Celotex, 477 U.S. at 322, 106 S.Ct. at 2552. To establish a prima facie ease of discrimination based upon unequal pay, McLaughlin must show that Pendaflex paid male workers more than she was paid for equal work in jobs that required equal skill, effort, and responsibility and were performed under similar conditions. Equal Pay Act, 29 U.S.C. § 206(d).
Whether two jobs entail equal skill, equal effort, or equal responsibility requires practical judgment on the basis of all the facts and circumstances of a particular case. Skill includes such considerations as experience, training, education, and ability. Effort refers to the physical or mental exertion necessary to the performance of a job. Responsibility concerns the degree of accountability required in performing a job.
Krenik v. County of LeSuer, 47 F.3d 953, 960 (8th Cir.) (citing E.E.O.C. v. Universal Underwriters Ins. Co., 653 F.2d 1243, 1245 (8th Cir.1981)). McLaughlin has the burden of establishing that the positions involve equal work. Corning Glass Works v. Brennan, 417 U.S. 188, 195, 94 S.Ct. 2223, 2228, 41 L.Ed.2d 1 (1974). If McLaughlin establishes a prima facie case, the burden then shifts to Pendaf-lex to prove that the pay differential is based on a factor other than sex. Id. at 196-97, 94 S.Ct. at 2229.
McLaughlin compares her level of compensation only with that received by Gumpenberger; she does not compare her compensation with that of males holding positions similar to her own. As previously discussed, McLaughlin’s former job duties have been redistributed to the Maintenance Coordinator position currently held by Gum-penberger. McLaughlin concedes that Gum-penberger is performing tasks in addition to[*514] those she performed as Parts Clerk. Therefore, she cannot claim that the Maintenance Coordinator position is the same as her former Parts Clerk position. Gumpenberger has supervisory and equipment maintenance responsibilities. McLaughlin does not dispute that she is not qualified to perform these maintenance tasks nor does she contend that she has supervisory experience. Therefore, any pay differential between the Parts Clerk position and the Maintenance Coordinator position is justified based on differing responsibilities and is not attributable to gender discrimination. Because McLaughlin failed to establish a prima facie ease, we hold that the District Court properly granted Pendaflex’s motion for summary judgment on this issue.
III. CONCLUSION
For the foregoing reasons, we affirm the judgment of the District Court.