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Wolf v. Northwest Ind. Symphony Soc'y

Summary judgment for defendant in sexual harassment and equal pay case proper where supervisor's comments would not be viewed as harassing by reasonable person and plaintiff failed to show similarly situated female employees were paid more; court's ruling on discovery motion moot as plaintiff failed to allege prima facie claims.

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The full case caption appears at the end of this opinion.

Coffey, Circuit Judge. On September 2, 1998, John Wolf filed suit against hisformer employer, the Northwest Indiana Symphony Society (“Symphony”) pursuant toTitle VII of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e, et seq., andthe Equal Pay Act, 29 U.S.C. sec. 206(d). Wolf alleged that the President and CEOof the Symphony, Cheryl Cox, sexually harassed him. Wolf also alleged that theSymphony violated the Equal Pay Act because it paid him less than similarlysituated female employees at the Symphony. The district court granted theSymphony’s motion for summary judgment. Wolf appeals, arguing that the districtcourt erred in granting summary judgment, and also that the district court erred inallowing a motion for summary judgment to proceed even though he had outstandingdiscovery motions pending and furthermore had requested additional discovery beforethe court ruled on defendant’s summary judgment motion, Fed. R. Civ. P. 56(f).

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