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Kathryn Jean Zirpel v. Toshiba America Information Systems, Inc., a Corporation
Citations: 111 F.3d 80; 6 Am. Disabilities Cas. (BNA) 929; 1997 U.S. App. LEXIS 6607; 70 Empl. Prac. Dec. (CCH) 44,620; 73 Fair Empl. Prac. Cas. (BNA) 894; 1997 WL 166228Docket: 96-2293SD
Court: Court of Appeals for the Eighth Circuit; April 10, 1997; Federal Appellate Court
Kathryn Jean Zirpel appealed the district court's summary judgment in favor of Toshiba America Information Systems, Inc. regarding her employment discrimination claims. Zirpel alleged sexual harassment and wrongful termination based on her disability under the Americans with Disabilities Act (ADA). The court found that Zirpel could not substantiate her claims. Regarding the sexual harassment claim, Zirpel claimed hostile-environment harassment by Marty Cunningham, the plant's sales director. While there was uncertainty about whether Cunningham's conduct was sufficiently severe or pervasive, the court determined that Toshiba had taken appropriate remedial steps once it was informed of the harassment. Although Zirpel initially reported suggestive remarks to human resources in January 1993, she opted to confront Cunningham herself. Following her report of overtly sexual comments, Toshiba issued a written warning to Cunningham, which effectively halted the harassment. The court concluded that Zirpel failed to prove an essential element of her claim, justifying summary judgment. On the ADA claim, the court noted that Toshiba could not have violated Zirpel's rights unless she was deemed disabled. While Zirpel experienced panic disorder, she did not demonstrate that it substantially limited her major life activities. Testimonies indicated that her condition was manageable and did not significantly hinder her ability to work, as she had secured three jobs following her termination, including a similar position to her previous role at Toshiba. Therefore, the district court's summary judgment was affirmed.