Davis v. Wharf Resources (USA), Inc. (S.D. 2015)

In Davis v. Wharf Resources (USA), Inc., 2015 S.D. 34, 864 N.W.2d 114, the plaintiff was an employee of Wharf Resources. She applied for a different position within the company, but the position was ultimately offered to a male employee. The plaintiff later learned that her supervisor had made disparaging remarks about women not belonging in mining. She raised concerns about discrimination to management, and several weeks later, she was terminated for alleged disruptive and hostile behavior. She filed a gender discrimination and retaliation claim. The Supreme Court of South Dakota held that she had not met her burden of establishing an inference of gender discrimination. The fact that a male employee was selected for the position was insufficient by itself, since there was evidence that he was more qualified. The Court also rejected the retaliation claim, concluding that the employer had a legitimate basis for terminating her. Evidence showed the plaintiff had used vulgar language, engaged in hostile conduct, and created an uncomfortable work environment for coworkers.