8th Circuit upholds summary judgment for TGC construction company, ruling against former employee Becky Joseph's…

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-2568 ___________________________ Becky Joseph Plaintiff - Appellant v. Thomas-Grace Construction Inc. Defendant - Appellee ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: March 17, 2026 Filed: July 24, 2026 ____________ Before SHEPHERD, ERICKSON, and GRASZ, Circuit Judges. ____________ SHEPHERD, Circuit Judge. Becky Joseph sued Thomas-Grace Construction Inc. (TGC), her former employer, alleging sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 and Michigan’s Elliott-Larsen Civil Rights Act. The district court 1 granted summary judgment to TGC, and Joseph appeals. Having jurisdiction under 28 U.S.C. § 1291, we affirm. I. TGC is a Minnesota corporation that provides construction and installation services for clients. TGC hired Joseph as a Lead Installer in November 2022. 2 After completing her training, Joseph began work on a TGC project in Las Vegas, Nevada, in January 2023. Joseph’s supervisor at the Las Vegas site was Gary Raney. After one day on the job, on January 10th, Joseph emailed TGC superintendent Brent Palmer to complain that Raney “let [her] know he knows the best way” and was “prevent[ing] [her] from doing [her] part.” Palmer responded that Raney’s method had proved successful in the past, but asked Joseph to “continue to keep [him] posted” of any issues. Palmer then clarified that Joseph’s role with Raney was only a “temp spot,” and that “[w]hen [the] night shift starts on the 22nd, [she] w[ould] be working . . . overnights.” Joseph responded later that day to thank Palmer for his understanding and to follow up that she “underst[oo]d [Raney]’s position.” However, the very next day, Joseph emailed Palmer and told him she wanted to resign. She stated that she felt she was “misled,” blamed Raney for her reassignment to the night shift, and said that she “was disrespected.” She then told Palmer that “[n]one of you have had the chance to know me and my work” and that she “d[idn’t] want to waste [her] time with false promises[] and false hope.” Neither of Joseph’s emails on January 10th or the 11th mentioned sex discrimination. 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota, now deceased. 2 While Joseph now alleges that her real role at TGC was as an “inventory specialist” rather than an installer, it is undisputed that the offer letter she signed referred to her position exclusively as “Lead Installer.” -2-  At this point, a TGC employee noted internally that “[i]t might just not be a good fit for [Joseph,]” and that “it was always the plan” to “train [Joseph] on both night and day [shifts] before sending her to her own job.” Replying to Joseph’s threat of resignation, Palmer told her that her move to night shifts was not retaliatory, but rather was part of her training. Joseph stated she felt relieved and withdrew her resignation. The troubles did not stop there, however. Two days later, while Joseph was staying at lodging booked by TGC, TGC learned that Joseph screamed and disrespected hotel staff when complaining about a noisy neighbor. TGC created an incident report but did not discipline Joseph. A week later, on January 20th, Joseph again emailed Palmer to complain about Raney, claiming that he was condescending and had “old fashioned ideals when it comes to females and the work.” Palmer responded that TGC “should be notified immediately if there ever was a questionable situation outside of the natural grumpy human condition” and that “[a]s always, [TGC] do[es] not condone improper behavior[].” Joseph responded days later that she owed Palmer and TGC an apology for her “misunderstandings with/about [Raney],” stating that I’m now beginning to see [Raney] as a kind man, maybe a little rough in approach when there is a lot going on. I disagree with some of his ways, but I am gaining a better understanding of why he does things in such a controlled manner. I feel embarrassed and ashamed at my reaction to [Raney]. I have a new respect for him and a new perspective. I am very sorry that I sent such an emotional email. I was wrong. Joseph then began an assignment in Sparks, Nevada, on February 6th. On February 9th, she backed a forklift into a vehicle. Blake Hansen, Joseph’s supervisor at the time, prepared an incident report, although it does not appear that she was reprimanded or otherwise disciplined. -3-  On February 22nd, Joe Cikotte stepped in as Joseph’s supervisor on the Sparks site. On Cikotte’s first day as supervisor, Joseph emailed TGC to complain, stating that Cikotte “want[ed] everything his way” and asking “why shouldn’t I do th[ings] my own way.” She also argued that “I’m ahead at knowing what we have and what we need” and complained that “I feel they are demeaning, don’t want my opinion, and don’t respect my own way.” Joseph also emailed Cikotte directly on the 22nd, telling him “I’m not going to be criticized or demeaned, because of your self proclaimed prick title. If you can’t work with me as a team, we will have issues.” Joseph copied other TGC employees on this email, and it was eventually sent to Matty Malloy, TGC’s Director of Operations. The next day, Joseph texted Cikotte that she would not be at work because she was “not feeling well and not in the mood to be ostracized.” When Cikotte emailed TGC that day to explain his side of the story, he acknowledged that he had said he was “known to be a prick at times” but otherwise had “no indication that there was a problem.” On February 23rd, Malloy emailed Donna Caywood, another TGC employee, saying “[w]e need to terminate [Joseph]” and noting that her complaints seemed like “BS.” However, Malloy quickly decided thereafter that this “was not the right course of action,” and she instead determined that she “needed to investigate and look into [Joseph’s] complaints.” Malloy then sent Joseph an email on the 24th informing her that TGC was opening a full investigation into her allegations, requesting her to provide, among other things, “[n]ames of any witnesses . . . who have had similar incidents,” “witnesses [who] may have relevant information,” and “any notes, physical evidence[,] or other documentation regarding the incident.” The email also specified that formal interviews would take place the next week. In response to this request, Joseph sent Malloy an email stating that she was being “treat[ed] . . . like [she] didn’t know anything” and was not being listened to. Aside from Cikotte, Joseph also complained about Hansen, who she claimed “wouldn’t listen to any of [her] suggestions and always dismissed [her] ideas.” Her email further stated that “[t]he men are always right in the eyes of the company . . . . [and] are treated as more valuable” and that she was “stand[ing] up to their discrimination.” Joseph’s email did not refer to any documentary evidence or other -4- victims of the alleged discrimination: it only referred to a coworker, Michael Brocksen, who she claimed knew about the mistreatment. On Marc

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