Leslie v. Hy-Vee Foods, Inc. (S.D. 2004)

The plaintiff worked for Hy-Vee Foods for 13 years, until her termination in 2000. During her employment, she overheard derogatory remarks by the store director, including phrases such as “fire the bitch” and comments about another employee’s breast reduction. She reported these incidents to human resources and to the director of operations. Shortly after reporting these incidents, the director of operations terminated her, allegedly stating that “it wasn’t a workable situation anymore.” The plaintiff brought claims of sexual harassment and retaliatory discharge. The Supreme Court of South Dakota found that she had suffered an adverse employment action when she was terminated, and that a causal connection existed between her complaint and her termination. The Court emphasized that there had been no history of workplace incompatibility before the store director learned of her complaint, and the timing of her discharge supported an inference of retaliation. While the Court further concluded that the remarks could reasonably be interpreted as reflecting animosity towards women; it was determined that the comments did not create an objectively hostile work environment. Although the comments were offensive, they were not deemed to be pervasive or severe enough to alter the conditions of employment under the standard required for a sexual harassment claim. Accordingly, the Court reversed the trial court’s grant of summary judgment on the retaliatory discharge claim, but affirmed summary judgment for the employer on the sexual harassment claim. This case highlights the Court’s recognition of retaliatory discharge as an actionable form of discrimination, even where workplace harassment does not rise to the level of being legally cognizable.