Swenson v. Northern Crop Insurance, Inc.

498 N.W.2d 174 (N.D. 1993)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P began working for D as a clerk/secretary. When the local office manager resigned, P was recommended for the position. D's general manager wanted a man fresh out of college, but NCI's Board of Directors disagreed and approved P's promotion. P got a raise but was still make $5,000 per year less than the man who had occupied the position prior to her. D's manager kept making derogatory and sexist remarks to P. The manager eventually demoted P to her clerk/secretary position, paying her less than she made in the same position before. He also hired two young men to fill the positions of program specialist and computer operator. They were hired at higher rates than P. The manager did not offer P the opportunity to apply for either of the positions and made comments pertaining to gender as being the reason for hiring the men. The Board eventually ratified the decisions of its manager. The manager was aware that P was a recovering alcoholic and refused her an extra 5-10 minutes for lunch to attend AA meetings. There were never more than 10 employees on D's payroll. D contends that P's position was phased out and she was not qualified for the new jobs. P lacked formal education in the field of agriculture, and emphasize that the two young men hired had college educations and were very familiar with the agriculture industry. P terminated her employment and sued D for gender discrimination, equal pay, and intentional infliction of emotional distress. The trial court granted summary judgment against P and P appealed.