Employer Defends Itself Against Bias, Harassment, and Retaliation Claims

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Some workplace cases provide multiple lessons about employment discrimination. Recently, the U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—rendered a decision providing guidance on discrimination, harassment, and retaliation.

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In December 2013, Amanda Gibson went to work for Con-E-Co, a manufacturer of portable and stationary concrete batch plants and mixers. During her stint with the company, she was reprimanded for violating its harassment policy including using sexualized, vulgar language on multiple occasions, one of which resulted in her suspension.

Gibson, in turn, claimed she was

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