Kimberly Miller, Plaintiff-Appellant, v. American Family Mutual Insurance Company, Defendant-Appellee., 203 F.3d 997

Summary

Plaintiff suspected that she was being paid less than her co-workers because of her pregnancies. After confronting her supervisors over the salary disparity, plaintiff was terminated. Plaintiff sued defendant employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., alleging unlawful discrimination on the basis of pregnancy based on the pay rate, as well as unlawful retaliation. The district court granted summary judgment for defendant on plaintiff's claims and the court affirmed. As to the discrimination claim, the court held that plaintiff had produced insufficient direct evidence of discrimination, as allegedly discriminatory statements made by a manager were found to be unrelated to any adverse employment action. As to the retaliation claim, the court held that plaintiff had not engaged in protected expression when confronting her supervisors because she did not indicate at that time that pregnancy discrimination was at issue.