Cited by
Opinions in Minnesota that cite McNabb v. Cub Foods, 352 N.W.2d 378.
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, A17-2080, A17-2081, A18-0015
Minn. Ct. App. 2018
Giuliani v. Stuart Corp. , Tretter v. Liquipak Int’l, Inc., see McNabb v. Cub Foods , (imputing supervisor’s knowledge of o ther employees’ harassment to employer).
- Frieler v. Carlson Marketing Group, Inc. 751 N.W.2d 558 Minn. 2008
- Frieler v. Carlson Marketing Group, Inc. 751 N.W.2d 558 Minn. 2008
- Nichols v. Reliant Engineering & Manufacturing, Inc. 720 N.W.2d 590 Minn. Ct. App. 2006
- Nichols v. Reliant Engineering & Manufacturing, Inc. 720 N.W.2d 590 Minn. Ct. App. 2006
- Munro Holding, LLC v. Cook 695 N.W.2d 379 Minn. Ct. App. 2005
- Munro Holding, LLC v. Cook 695 N.W.2d 379 Minn. Ct. App. 2005
- Davis v. Hennepin County 559 N.W.2d 117 Minn. Ct. App. 1997
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Davis v. Hennepin County
559 N.W.2d 117
Minn. Ct. App. 1997
(response options include disseminating anti-harassment policy, transferring employees, or taking disciplinary action).
- Haskins v. Choice Auto Rental, Inc. 558 N.W.2d 507 Minn. Ct. App. 1997
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Haskins v. Choice Auto Rental, Inc.
558 N.W.2d 507
Minn. Ct. App. 1997
(“notice of harassment to management is essential to a claim for benefits”).
- P.L. v. Aubert 527 N.W.2d 142 Minn. Ct. App. 1995
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P.L. v. Aubert
527 N.W.2d 142
Minn. Ct. App. 1995
(Human Rights Act imposes a duty on the employer to take “prompt and appropriate action” when it knows or should know of an employee’s sexual harassment in the work place); See, (knowledge imputed to the employer where sexual harassment committed by a supervisor); McNabb, d at 384 (“An employer must act to prevent and correct harassment when it becomes aware of the problem”).
- Giuliani v. Stuart Corp. 512 N.W.2d 589 Minn. Ct. App. 1994
- Hanke v. Safari Hair Adventure 512 N.W.2d 614 Minn. Ct. App. 1994
- Giuliani v. Stuart Corp. 512 N.W.2d 589 Minn. Ct. App. 1994
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Hanke v. Safari Hair Adventure
512 N.W.2d 614
Minn. Ct. App. 1994
“[Njotice of harassment to management is essential to a claim for'[unemployment] benefits.” (citing Larson, d at 669 ).
- Fore v. Health Dimensions, Inc. 509 N.W.2d 557 Minn. Ct. App. 1993
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Fore v. Health Dimensions, Inc.
509 N.W.2d 557
Minn. Ct. App. 1993
The district court, while imputing knowledge of Huyink’s acts with Fore, found that all of the other incidents did not rise “to the level of sexual harassment, the knowledge of which should be imputed to Health Dimensions.” a manager’s knowledge that an employee was being harassed by a co-employee was imputed to the employer.
- Gillson v. State Department of Natural Resources 492 N.W.2d 835 Minn. Ct. App. 1992
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Gillson v. State Department of Natural Resources
492 N.W.2d 835
Minn. Ct. App. 1992
“The failure of management to timely discipline employees is strong evidence of acquiescence in discriminatory practices.”
- Kay v. Peter Motor Co., Inc. 483 N.W.2d 481 Minn. Ct. App. 1992
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Kay v. Peter Motor Co., Inc.
483 N.W.2d 481
Minn. Ct. App. 1992
stated that the liability inquiry should focus on whether the employer knew or should have known about the harassment:
- Weaver v. Minnesota Valley Laboratories, Inc. 470 N.W.2d 131 Minn. Ct. App. 1991
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Weaver v. Minnesota Valley Laboratories, Inc.
470 N.W.2d 131
Minn. Ct. App. 1991
ruled that knowledge of an immediate supervisor that an employee was being harassed by fellow employees would be imputed to the employer, that case did not address the issue of such imputation when the supervisor was the harasser.
- Heaser v. Lerch, Bates & Associates Inc. 467 N.W.2d 833 Minn. Ct. App. 1991
- Heaser v. Lerch, Bates & Associates Inc. 467 N.W.2d 833 Minn. Ct. App. 1991
- Prescott v. Moorhead State University 457 N.W.2d 270 Minn. Ct. App. 1990
- Prescott v. Moorhead State University 457 N.W.2d 270 Minn. Ct. App. 1990
- Wetterhahn v. Kimm Co. 430 N.W.2d 4 Minn. Ct. App. 1988
- Wetterhahn v. Kimm Co. 430 N.W.2d 4 Minn. Ct. App. 1988
- Tru-Stone Corp. v. Gutzkow 400 N.W.2d 836 Minn. Ct. App. 1987
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Tru-Stone Corp. v. Gutzkow
400 N.W.2d 836
Minn. Ct. App. 1987
The supreme court has stated that a manager’s knowledge should be imputed to an employer where the manager “performs basically a ‘first level supervisory and managerial function.’ ”
- Klink v. Ramsey County Ex Rel. Zacharias 397 N.W.2d 894 Minn. Ct. App. 1986
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Klink v. Ramsey County Ex Rel. Zacharias
397 N.W.2d 894
Minn. Ct. App. 1986
The trial court found, and we agree, that the facts here are distinct from the facts in Continental Can and two subsequent cases, and Tretter v. Liquipak International, Inc.
- Clark v. K-MART STORE NO. 3059 372 N.W.2d 847 Minn. Ct. App. 1985
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Clark v. K-MART STORE NO. 3059
372 N.W.2d 847
Minn. Ct. App. 1985
Thus, : [T]he statute requires that two elements be satisfied: first, that the employer knew or should have known of the existence of harassment; second, that the employer failed, despite that knowledge, to take timely and appropriate action.
- Tretter v. Liquipak International, Inc. 356 N.W.2d 713 Minn. Ct. App. 1984
- Tretter v. Liquipak International, Inc. 356 N.W.2d 713 Minn. Ct. App. 1984