SWENSON V. NORTHERN CROP INSURANCE, INC.
498 N.W.2d 174 (N.D. 1993)
NATURE OF THE CASE: Swenson (P) appealed a grant of summary judgment in favor of Northern
(D) in an action brought by P for gender discrimination, equal pay violations, and
intentional infliction of emotional distress.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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