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Wiese contacted Pearson and informed him that he had promised Leslie a position at another store. Leslie's initial complaints to Bryant and Wiese included: Koll routinely using the word “fuck” in her presence; Koll telling a Lorena Bobbit joke; Koll stating “fire the bitch” over the intercom; Koll's reference to a female employee's “tit reduction”; and Koll's comment that “no little girl is going to waltz in here and tell me what she's going to do” in response to a pregnant employee's request for a shift change.

Wiese called Leslie and indicated that the option to work at another store was still available.[¶ 9.] Leslie submitted a Charge of Discrimination with the South Dakota Division of Human Rights alleging sexual harassment and retaliation. Leslie, who was pregnant, thought that Koll was upset about providing benefits to pregnant employees.

She relayed this to Wiese, who left the offer open pending the birth of her child.

Leslie gave birth November 28, 2000.[¶ 8.] Leslie spoke to the Assistant Store Director in January of 2001 concerning her sick leave and vacation benefits.

Her letter outlined the events leading up to her termination and expressed her belief that she was retaliated against.

She requested that the situation be investigated and that he contact her. Rather, a complainant “must demonstrate a good faith, reasonable belief that the underlying challenged conduct violated the law.” Id.

They hire who they need, and if they no longer want somebody to work with them, they remove them from their working team. Once a prima facie case of retaliation is established, the burden shifts to the employer to produce some legitimate, non-discriminatory reason for the adverse action. If the employer meets this burden, the complainant must prove the proffered reason is a pretext for retaliation. A retaliatory discharge claim “is not conditioned on the merits of the underlying discrimination complaint.” Salz v. It summarized the memorandum as indicating that Leslie's complaint was about Koll's “management style and work performance.” Further, the court noted that Leslie “did not couch her complaints concerning [ ] Koll in terms of sexual harassment until she drafted her January 30, 2001 letter to Hy-Vee, after her termination.” Leslie claims the court erred by failing to consider all the evidence and reasonable inferences in the light most favorable to her.

Something, obviously, has happened, and, as you asked, I will get brought up-to-date. She argues that her sworn deposition and affidavit and Wiese's sworn testimony reveal that there are genuine issues of material fact as to whether Leslie engaged in protected activity.It is undisputed that Wiese met with Leslie and Koll on November 3, 2000.Wiese informed Leslie that “it wasn't going to be possible for her to continue to work at Hy-Vee No. It just wasn't a workable situation anymore.” Wiese indicated that he would check into available positions for Leslie at other Hy-Vee stores.Leslie's Claim that she was Sexually Harassed by Koll and that his Actions Created a Hostile Work Environment. Wiese protected Leslie by not divulging her identity when he first began investigating her claim.STANDARD OF REVIEW[¶ 10.] On review of summary judgment granted under SDCL 15-6-56(b), this Court:must determine whether the moving party demonstrated the absence of any genuine issue of material fact and established entitlement to judgment on the merits as a matter of law. Performance Engineering Manufacturing, Inc., 2004 SD 26, ¶ 4, 676 N. This is consistent with Hy-Vee's written sexual harassment policy that “confidentiality will be maintained” when employees report conduct which they believe violates the harassment policy.In mid-February, Leslie received a letter from Pearson. [¶ 12.] The trial court found that Leslie did not establish that she engaged in a statutorily protected activity.He stated in part:[T]he store director has the complete discretion for his crew. Retaliation [¶ 11.] To establish a prima facie case of retaliatory discharge, the complainant has to show:(1) she engaged in Title VII protected activity (reported sexual harassment);(2) she subsequently suffered adverse employment action; and(3) a causal link between engaging in protected activity and the adverse employment action. Missouri Comm'n on Human Rights, 233 F.3d 560, 569 (8th Cir.2000). The court based its finding on the inter-office memorandum documenting Leslie's initial call.In November, Koll and Stewart attended a manager's meeting and discussed Leslie's complaints.Wiese's, Stewart's, and Koll's recollections differ about what happened next.At that time, Leslie commented that it was wrong to penalize her for making a complaint.[¶ 7.] Wiese contacted Leslie within a few days to inform her that there was an opening at another store as a checker or possibly a customer service clerk.At the time the offer was made, Leslie, in her eighth month of pregnancy, experienced complications and was ordered to bedrest until she delivered.

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