082271P.pdf   08/26/2009  Francisca Sandoval  v.  American Building, etc.
   U.S. Court of Appeals Case No:  08-2271
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Bye, Author, with John R. Gibson and Gruender, Circuit Judges]
   Civil case - employment discrimination. District court did not err in
   finding amended complaint naming plaintiffs' actual employer (the
   named defendant's subsidiary) was untimely or in rejecting plaintiffs'
   arguments that the amendment was proper under either equitable tolling
   or the relation back doctrine; given the parent company's and the
   subsidiary's interrelation of operations, common management,
   centralized control of labor relations and common ownership or financial
   control, a genuine issues of material fact existed as to whether the
   companies were an integrated enterprise and whether the parent could be
   held liable for acts of discrimination committed by the subsidiary, and 
   the district court erred in granting the parent company's motion for
   summary judgment on the ground it was not the plaintiffs' employer;
   dismissal of timely plaintiffs' retaliation, sex discrimination, quid pro quo
   sexual harassment and retaliation claims affirmed without comment;
   however the district court erred in dismissing two of the plaintiffs' hostile
   workplace claims, and the matter is remanded with directions to
   determine whether evidence of widespread sexual harassment was
   sufficient to put the subsidiary on constructive notice. Judge Gruender,
   concurring in part and dissenting in part.