Gary E. Wallis, Husband Carol Wallis, Wife v. J.R. Simplot Company

Opinion by Judge T.G. NELSON.

OPINION

I.

OVERVIEW

Gary and Carol Wallis appeal the district court’s grant of summary judgment dismissing Wallis’ claims for retaliatory discharge under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e, et seq., age discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, et seq., and various state law claims. We affirm.

FACTS AND PROCEDURAL HISTORY

Gary Wallis (Wallis) was hired in 1982 by J.R. Simplot Company (Simplot) as Director of Human Resources. Early in his tenure, a female employee of Simplot made a charge of sexual harassment against a vice-president of Simplot. Wallis supported her in her claim by transferring her to another division. Later, a second employee was discharged by the vice-president for his support of the woman in the harassment claim. Wallis rehired this discharged employee for his own staff and made supportive public statements on behalf of the employee. These events occurred sometime during 1983, 1984 and 1985.

In late 1989 and early 1990, Gordon Smith (Smith), president of Simplot, decided to decentralize the human resources department so that it would function…