Ward v. Von Maur, Inc. (574 F. Supp. 2d 959, 2008)

MEMORANDUM OPINION AND ORDER

ROBERT W. PRATT, Chief Judge.

Before the Court is Defendant, Von Maur, Inc.’s (“Von Maur” or “Defendant”) Motion for Summary Judgment, filed June 2, 2008. Clerk’s No. 161. After being granted an extension (Clerk’s No. 180), Plaintiffs, the Estate of Walkeshia Ward (“Ward”), Darlena McBride (“McBride”), Tanya Gardner (“Gardner”), Robert Donelson (“Donelson”), Raquel Maiden (“Maiden”), Charles Smith (“Smith”), Latoya Young (“Young”), Mac-helle Guy (“Guy”), Roscoe Haymon (“Hay-mon”), Robert Williams (“Williams”), Dam-eniea Johnson (“Johnson”) (collectively “Individual Plaintiffs”), and the Equal Employment Opportunity Commission (“EEOC”) (collectively “Plaintiffs”) filed a Response on July 18, 2008. Clerk’s Nos. 184, 185. After being granted an extension (Clerk’s No. 192), Von Maur filed a Reply on August 11, 2008. Clerk’s No. 195. The matter is fully submitted.

I. FACTS

Von Maur is a privately held corporation headquartered in Davenport, Iowa. Def.’s Statement of Material Facts ¶ 1. Von Maur operates twenty-two high-end retail clothing, cosmetic, jewelry, and houseware department stores throughout the Midwest. Id. ¶ 2. The Plaintiffs allege that two Von Maur stores, specifically Von Maur Center and NorthPark, both located in Davenport, Iowa, failed to hire them on the basis of their race (African-American). Individual Plaintiffs filed the present lawsuit on December 29, 2004, alleging that Von Maur failed to hire them on the basis of their race in violation of Title VII, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. See Clerk’s No. 1. On April 19, 2006, the EEOC filed a class action alleging that Von Maur failed to hire applicants on the basis of their race in violation of Title VII. See Case No. 4:06-cv-182, Clerk’s No. 1. Individual Plaintiffs McBride, Gardner, Donelson, Maiden, Smith, Young, Haymon, and Williams intervened in the EEOC case. See Case No. 4:06-cv-182, Clerk’s No. 15. On July 10, 2006, the Court granted Plaintiffs’ Motion to Consolidate the two cases for pre-trial purposes. See id.

A Von Maur Center

Von Maur Center houses the warehouse/distribution center, the corporate offices, the buyer functions, and the corporate human resources department, which is composed of two human resources managers, a benefits administrator, and human resources assistants. Def.’s Statement of Material Facts ¶¶ 5, 11. The human resources department at Von Maur Center “conducts store training, develops new hire orientation, and conducts follow-up training with the sales teams on training for new policies and procedures to help develop associates, department managers and executives.” Id. ¶ 12. Additionally, Von Maur Center also houses the staff for the mail room, the cafeteria, clerical positions, housekeeping, and other hourly positions. Id. ¶ 198 n. 5.

When an application is submitted to Von Maur Center, then human resources manager, Lisa Peterson (“Peterson”), or then human resources assistant, Jill Trytten (“Trytten”) would initially screen the application. Id. ¶¶ 29, 33-34, 39-40, 214. The screening process involves reviewing the application and resume, if any, to determine the applicant’s work history, schedule, skills, and availability. See id. ¶¶ 217, 227. Peterson, for example, would screen applications based on “information concerning the applicant’s longevity, type of similar work, and other factors in the application that impressed her.” Id. ¶223. In effect, Von Main- used the screening process to initially determine if the applicant “might be a good fit in regard to scheduling” and whether the applicant would be “a viable candidate” for Von Maur. Id. ¶ 225. The screening process also involved talking to the applicant in person, or over the telephone, to “gain more information from the applicant,” such as the types of positions the person is seeking, their available hours, and any incomplete information on the application. See id. ¶¶ 216, 230, 234. Applicants would be screened out if the applicant could not meet the hours requirement or if no openings were available for the position(s) specified. See id. ¶ 218. However, the “vast” majority of applicants would pass the screening process. See id. ¶ 219.

Although Von Maur maintains a store-wide application process, each store makes independent hiring decisions for non-executive positions. See id. ¶ 128. In conducting interviews, Von Maur employs “behavior-based interviewing” which is premised on the fact that “a candidate’s past employment behavior is the best predictor of future behavior.” Id. ¶ 98. This behavior-based interviewing is taught from a video entitled, “More Than a Gut Feeling II.” See id. ¶¶ 96-98. Von Maur has used this video since at least 1993 to train employees who conduct interviews. See id. ¶¶ 96-97. Thus, following this behavior-based interviewing concept, the interviewer “will study the job requirements ... and then tailor open-ended interview questions to elicit information from the candidates about his or her abilities in the past to solve problems.” Id. ¶ 98. Such behavior-based questions, according to Von Maur, allow the interviewer to predict the applicant’s future success or failure for the position(s) sought. See id. ¶ 103.

According to Von Maur, in reviewing an applicant for the first interview, there is no one factor that disqualifies an applicant, rather, the totality of the application is considered. Id. ¶ 274. Although Von Maur maintains a “First Interview Questions” form with pre-set questions, e.g., “What prompted you to apply at Von Maur?”, “Why are you interested in this position?”, “Describe a coworker that was difficult to work with,” etc., interviewers can use their own independent judgment and discretion to determine which questions to ask, so long as pertinent information is gathered to make a decision on an applicant. Id. ¶¶ 275, 280; see Def.’s App. at 2243-44. Except for an “open house” interviewing process, where all applicants who come in for open positions are interviewed, Peterson decides which applicants to interview. See Def.’s Statement of Material Facts ¶ 287. After conducting the first interview, lasting anywhere between five to thirty minutes, Peterson decides which applicants to pass on for a second interview. Id. ¶ 288. Peterson estimates that possibly less than 25%, but more than 10%, of the applicants from the first interview move on to a second interview. Id. ¶289. Of the applicants approved for a second interview, approximately 50% are hired by Von Maur. Id. ¶ 291.

During the second interview, applicants are provided with a written job description for the position(s). Id. ¶ 301. Von Maur also maintains a “Second Interview Questions” form with pre-set questions, e.g., “What are you looking for in your next job?”, “Where do you see yourself in 2 years?”, etc. Def.’s App. at 2095. If the position is within the “warehouse” and the second interviewer feels strongly about pursuing an applicant, the applicant is given a tour of the warehouse to provide a perspective of the work environment. See Def.’s Statement of Material Facts ¶ 312. After the second interview, the decision “to continue pursuing” the applicant is a collaboration between the two interviewers. See id. ¶ 310. Thus, according to Von Maur, no one is ever offered employment during the second interview. Id. ¶ 303.

If a decision is made to not pursue the applicant, a regret letter is sent. Id. ¶ 316. The letter would be used, for example, if the applicant is not qualified for the position or if there is a more qualified applicant. Id. ¶¶ 320, 321. Another version of a regret letter is sent to applicants who are qualified, but who sought a position that is currently not open or that does not exist. Id. ¶ 322. Both versions of the regret letter state that the application will be kept active for six months for possible future review. Id. ¶ 327. If, however, a decision is made to pursue the applicant, human resources will then conduct reference checks. See id. ¶¶ 329-30. Von Maur conducts a reference check to verify the information provided by the applicant. Id. ¶ 335. The reference check requires that a minimum of one reference listed on the application be contacted “who can actually speak to the actual work experience of the applicant.” Id. ¶ 331. If Von Maur decides to hire the applicant after the reference check, the applicant “will fill out a form allowing Von Maur to conduct a check through USIS (formerly USMA) which is a consumer reporting agency that checks the applicant against a theft database.” Id. ¶ 337. If the applicant accepts the position, Von Maur will, at that point, discuss wages, start date, and uniform requirements for warehouse positions. Id. ¶ 338.

B. NorthPark

NorthPark, located in Davenport, Iowa, has a store manager, human resources personnel, area managers, retail sales personnel, housekeeping, and security staff. See id. ¶ 6. Within each store, the store manager is responsible for the overall store functioning, performance, appearance, sales, turnover, and compliance with Von Maur’s policies and procedures. Id. ¶ 126. The floor manager is responsible for staffing departments, conducting and writing reviews, hiring, meeting department sales goals, merchandising each department, customer service quality, resolution of customer concerns, and store cleanliness. Id. ¶ 127. The human resources personnel at the NorthPark store reports to Gayle Haun (“Haun”), Director of Human Resources, who works out of Von Maur Center. See id. ¶¶ 8, 9, 15. Haun, for the most part, conducts classroom training for employees conducting interviews. Id. ¶ 18. Haun also visits the Von Maur stores, audits the employee files and applications, conducts training, sits in on interviews and screenings, evaluates the individual human resources departments, and provides coaching to staff. Id. ¶ 19. It appears from the record that NorthPark follows the same screening, interviewing, and hiring process of that used at Von Maur Center. See generally Def.’s Statement of Material Facts.

C. Open House Interviewing: June 2003 and June 200U

In June 2003 and again in June 2004, Von Maur Center conducted “open house” interviewing. See id. ¶ 349. During an open house interview process, every person who comes in is guaranteed at least one interview, and is not subject to the initial screening noted above. See id. ¶ 350. In June 2003, Von Maur opened four new stores and needed additional staff for the warehouse (housed in Von Maur Center). Id. ¶ 354. Cathy Rockwell (“Rockwell”), the distribution center manager, informed human resources of her staffing needs in the warehouse. Von Maur subsequently advertised for a two day “open house” in June to fill the open warehouse positions. Id. ¶¶ 355-56; Def.’s App. at 1250. The advertisements, placed in local papers, stated that on-site interviews would be conducted at Von Maur Center. Def.’s Statement of Material Facts ¶ 357. During the open house, approximately five to six managers conducted the interviews. Id. ¶ 356.

The following year, Von Maur Center again advertised for a two-day open house scheduled for June 21 and 22, 2004. The open house interviews, advertised in local papers, yielded almost 200 applicants. Id. ¶ 385. It appears that Von Maur was filling open positions for merchandise processor (marking room), stock, and shipping and receiving, all within the warehouse (collectively referred to by the parties as “warehouse positions”). See id. ¶¶ 367, 379. After the first day of interviewing, Von Maur had enough applicants for the stock and shipping and receiving positions, but not for the merchandise processing positions. Id. ¶ 367. Accordingly, on the second day of the open house, Von Maur posted a sign at the entrance of the interview area which stated that Von Maur had “enough applicants for stock and receiving” but that applicants were “welcome to stay” — presumably to interview for the merchandise processing positions or to be considered for future openings. See id. ¶¶ 370-72, 382.

D. Von Maur Policies

1. Equal employment policies.

Von Maur maintains an anti-discrimination policy in its employee handbook which states:

Von Maur provides equal employment opportunities (EEO) to all employees and applicants for employment wholly on the basis of ability, experience, training, performance and other factors which are related to the position and the degree or ability necessary to perform the job. This policy applies to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. Von Maur expressly prohibits any form of unlawful employee harassment, based on race, color, religion, gender, national origin, age or disability. Improper interference with the ability of Yon Maur employees to perform their expected job duties is not tolerated.

Id. ¶ 45 (emphasis in original). Von Maur’s application for employment provides: “Von Maur is an Equal Opportunity Employer. Regardless of race, color, age, marital status, religion, national origin, sex and mental or physical disability our practice is to ensure equal opportunity for each individual.” Id. ¶ 54.

2. Record-retention policy.

Von Maur’s written document retention policy provides that applications be retained for one year. Id. ¶ 392. Each of the Von Maur stores retain applications for one year, then sends them to Von Maur Center. Id. ¶ 394. It appears that after the one year mark, the applications were at one point “deposit[ed]” in a garbage bin, but that later they were shredded, once Von Maur acquired an industrial shredder. Id. ¶ 403. Haun keeps any applications involved in employment discrimination claims in her office. Id. ¶ 395.

E. Individual Plaintiffs

1. Estate ofWalkesheia Ward.

On or about May 29, 2003, Ward went to Von Maur Center with a former Caucasian coworker and friend, Kristy Renkosik (“Renkosik”) for employment applications. See id. ¶ 481. Both Ward and Renkosik filled out and returned an application to human resources. Id. ¶ 483. Ward, who was unemployed at the time, applied for “any open position” at Von Maur. Id. ¶¶ 476, 482. Ward stated on her application that she was never discharged by any employer, even though Ward received a document from her former employer, Kraft Foods, Inc./Oscar Mayer Foods Division, which stated that Ward was terminated effective August 2, 2002 “due to a violation of Company/Attendance Policy and Procedures.” Id. ¶ 479. Ward also stated on her application that she did not, during the past year, miss any days of work or school. Id. ¶ 484. Moreover, for a period of time after her employment with Oscar Mayer, Ward worked at Holiday Inn cleaning rooms. Id. ¶ 480. Ward, however, did not list her employment with Holiday Inn on Von Maur’s application form, although the form requests that applicants list their last four employers. Id. ¶ 484. Unaware of any discrepancies on Ward’s application, Peterson (the human resources manager at Von Maur Center) interviewed Ward on May 30, 2003. Id. ¶ 485. Because there was an immediate need to fill open merchandise processor positions, Peterson only considered Ward for that position. See id. ¶ 488.

As noted previously, prior to scheduling a first interview, an application is screened by either Peterson or Trytten (the human resources assistant at Von Maur Center). See id. ¶ 214. During the screening process, the applicant is contacted by telephone to ensure that the applicant is available to work the required hours. See Def.’s App. at 1124, 1130. If the applicant is not available for the required hours, the applicant is screened out and would not be interviewed. See id. at 1130. Thus, Peterson testified that Ward “absolutely” stated during the screening process that she would be available for the required hours — because otherwise, Ward would not have been interviewed. Id. However, when Peterson attempted to confirm Ward’s availability to work the required hours during the interview, Peterson claims that Ward remained vague and noncommittal. See id. at 1128; Def.’s Statement of Material Facts ¶ 496. Specifically, according to Peterson, Ward could not state for certain that she would be available, but answered that she “should be” or “probably could” be available for the required hours. See Def.’s App. at 1128. Peterson, moreover, stated that she had repeated and rephrased her questions to Ward numerous times, especially those questions relating to Ward’s availability, when all of a sudden, Ward “blurted out in almost a yell tone” that she was let go from Oscar Mayer because she “missed a lot of work due to attendance.” Id. at 1120, 1122. Peterson testified that Ward’s statement effectively ended the interview. Def.’s Statement of Material Facts ¶ 500. Ward denies that she told Peterson during the interview that she was let go from Oscar Mayer because she missed a lot of work. Pis.’ Am. Statement of Material Facts ¶ 70. Rather, Ward states that she told Peterson that she voluntarily left her employment with Oscar Mayer because the various shifts interfered with her full-time school schedule. Id. ¶¶ 71, 73. Peterson estimates that the entire interview with Ward took approximately fifteen minutes or less. Def.’s App. at 1119. Thereafter, Peterson made the decision not to hire Ward because Ward could not state with any certainty that she would be available for the hours required, and because Ward expressed that she had attendance problems in the past. See Def.’s Statement of Material Facts ¶ 506 (“Von Maur does not hire people with attendance problems.”). Ward was sent a standard regret letter from Von Maur. Id. ¶ 505.

2. Darlena McBride.

On May 29, 2003, the same day that Ward filled out her application, McBride, who is Ward’s mother, also went to Von Maur Center with Ward and Tanya Gardner (another plaintiff in this case) to get an application. Id. ¶ 531. On her application, McBride listed her former employment as a dental office assistant from July 1986 through May 1990. See id. ¶ 525. At some point, McBride learned that Von Maur Center was holding an open house interview and she returned approximately two weeks later, in mid-June 2003, to participate. See id. ¶ 532. McBride informed the receptionist that she had already filled out an application a couple of weeks before. The receptionist, however, could not locate McBride’s initial application and asked her to fill out another one. Id. ¶¶ 533-34. After completing another application, McBride waited approximately twenty-five minutes and was interviewed by Jeri Bryan (“Bryan”), assistant manager of the distribution center. See id. ¶¶ 537-38.

McBride, who applied for the positions of merchandise processor, data entry, and customer service, made a comment during the interview that Bryan found to be “offensive and negative.” Id. ¶¶ 539, 542. Specifically, McBride recounted an incident during her tenure as a dental assistant, when a “gay” man urinated all over the restroom and McBride refused to clean it up. Id. ¶ 540. Bryan, who happens to be a lesbian, found McBride’s comment concerning the “gay” man inappropriate, offensive, and negative. See id. ¶¶ 541-42. Given that the positions McBride applied for required the applicant to have proper communication skills, e.g., communicate well with others, use appropriate language, etc., Bryan had concerns about McBride’s communication skills. See id. ¶¶ 546, 550-51. Thus, Bryan decided not to pursue McBride as a candidate because she lacked communication skills, i.e., labeling a patient by his sexual orientation in an offensive and negative manner. See id. ¶¶ 543, 546, 549. On June 12, 2003, Von Maur sent McBride the standard regret letter. See id. ¶ 561. McBride, however, disputes that she made disparaging remarks about “gay people” during the interview. Pis.’ Am. Statement of Material Facts ¶ 179.

3. Tanya Gardner.

On May 29, 2003, Gardner, friend of both Ward and McBride, went over to Ward’s house to visit. Def.’s Statement of Material Facts ¶ 567. Ward, however, was taking her mother, McBride, to Von Maur Center to get an application. Gardner went along with Ward and McBride to Von Maur Center. See id. ¶ 566. Gardner also requested and completed an application. Id. ¶¶ 568-69. Approximately a week later, Ward advised Gardner that Von Maur Center was having an open house interview and suggested that Gardner attend the open house. Id. ¶ 570. On June 9, 2003, Gardner attended the open house interview and informed the receptionist that she had submitted an application previously and that she was still interested in employment with Von Maur. Id. ¶ 573. The receptionist, however, could not locate Gardner’s application and asked that she fill out another application. Id. ¶ 574. Gardner filled out another application and was interviewed for open warehouse positions by Haun, director of human resources. Id. ¶ 576.

During her interview with Haun, Von Maur contends that Gardner mentioned plans of attending beauty school. See id. ¶¶ 578, 581. Gardner, however, states that she only mentioned that she hoped to attend beauty school some day. See Pis.’ Am. Statement of Material Facts ¶ 119. After the interview, Haun decided not to pass Gardner for a second interview because she had concerns about Gardner employment history. That is, on her application, Gardner listed her employment history as follows:

(1) Staples from July 1 through October 20,1998;

(2) IBP, dates uncertain but less than a year;

(3) American Honda warehouse from March 16, 1999 through April 20, 1999;

(4) Staples, part time, from May 5, 1999 through November 29, 2000;

(5) Heinz from June 7, 2001 through August 28, 2001;

(6) Unemployed from August 2001 through August 2002; and

(7) Holiday Inn, housekeeping, from August 2002 to present (June 2003).

Def.’s Statement of Material Facts ¶ 565. Based on this information, Haun had concerns about Gardner’s longevity, i.e., that Gardner would not stay long term with Von Maur as she had worked in several different places for short durations, seemed “unfocused,” and mentioned beauty school. See id. ¶ 581. Accordingly, Haun did not pass Gardner for a second interview. Id.

4. Robert Williams.

In June 2003, Von Maur advertised open warehouse positions in the local newspaper. Pis.’ App. at 65. In response to the advertisement, Williams applied for the warehouse positions on or about June 23, 2003. Id. Williams was then asked to wait for an interview. Def.’s Statement of Material Facts ¶ 899. Williams waited approximately one and one-half to two hours for his interview, which last approximately three to five minutes. Pis.’ Am. Statement of Material Facts ¶¶ 147-48. Amy Davis (“Davis”), Von Maur Center’s Training Manager, interviewed Williams in her office. Def.’s Statement of Material Facts ¶¶ 903-04. Davis had concerns about Williams’ longevity in a warehouse position, noted that he was pursuing a degree in radiology, “a totally unrelated field,” and wondered if he could meet scheduling demands with his school load. Id. ¶¶ 905, 909. Davis consulted with either Rockwell or Bryan who told her that they had a number of applicants for warehouse positions with no longevity concerns. Id. ¶ 907. Davis, therefore, did not pass Williams for a second interview. Id. ¶ 910.

The following year, Von Maur Center advertised another open house, scheduled for June 21 and 22, 2004. On the second day of the open house, June 22, 2004, Williams again applied for employment with Von Maur. Id. ¶¶ 919-20. Williams applied for warehouse positions. Id. ¶ 920. After the first day of the open house, however, Von Maur claims that it had enough applicants for the “stock” and “shipping and receiving” positions. Id. ¶ 367. That is, Von Maur decided to fill all open stock and shipping and receiving positions with applicants from the first day of the open house (June 21), and posted a sign at the entrance of the interview area that stated Von Maur had “enough applicants for stock and receiving.” See id. ¶¶ 370-72, 921.

Regardless, Williams went to the reception desk and filled out an application. Id. ¶ 925. While waiting for his interview, Williams states that he heard a Caucasian woman wearing sweat pants and a “holey” t-shirt tell her friend that she was hired. Pis.’ Am. Statement of Material Facts ¶ 151. Williams also spoke to a Caucasian man who informed Williams that he had jDeen hired and that he was currently going to school to get his GED. Id. ¶ 152. Williams observed that people who came in after him were interviewed before him. Id. ¶ 153. Williams, however, left the waiting area at least twice to smoke, and if an applicant is not present and does not answer when their name is called, the applicant is placed on the bottom of the interview list. See Def.’s Statement of Material Facts ¶¶ 363-65, 928-29. Bryan interviewed Williams for approximately five minutes. Id. ¶ 940; Pis.’ Am. Statement of Material Facts ¶ 154. During the interview, Williams told Bryan that he was interested in the warehouse positions. Def.’s App. at 1635. Based on this information, Bryan decided not to pursue Williams for further consideration because “shipping and receiving positions were filled and [Williams] was not considered for the merchandise processing position because of concerns about his employment longevity.” Def.’s Statement of Material Facts ¶ 942.

5. Robert Donelson.

Donelson participated in Von Maur Center’s June 2004 open house. Specifically, Donelson came in on June 22, 2004, the second day of the open house, and applied for stock or shipping and receiving positions. Id. ¶ 588. After the first day of interviewing, however, Von Maur had enough applicants for the stock and shipping and receiving positions. Id. ¶ 367. Accordingly, on the second day of the open house, Von Maur posted a sign at the entrance of the interview area that stated Von Maur had “enough applicants for stock and receiving.” See id. ¶ 370.

At the time Donelson applied with Von Maur, he was employed at John Deere PCD, earning $10.57 per hour. Id. ¶ 596. Prior to starting at John Deere on March 21, 2004, Donelson worked for Swords Veneer as a machine operator/supervisor, from June 1989 until they closed in December of 2003. Id. ¶ 595. As a supervisor at Swords Veneer, Donelson would schedule workers’ shifts, diagnose problems, give work orders, supervise and coordinate worker activities, interpret company policy, enforce safety regulations, hire employees, study and implement production schedules, estimate worker hours needed to complete a project, and address problems as they occurred. Id. ¶ 599. During his interview with Von Maur, he relayed his supervisory skills. Id. ¶ 600. Donelson first interviewed with Haun, who informed him that Von Maur had enough candidates for the stock and shipping and receiving positions from the day before. Id. ¶ 607. Donelson contends that during the interview process, he was asked if he could “prove that he had a high school diploma.” Id. ¶ 609. Next, Donelson was interviewed by an unidentified man, and they discussed Donelson’s supervisory skills. Id. ¶ 613. Donelson was then interviewed by a woman, who also reviewed his application and resume with him. See id. ¶ 615. Thereafter, Haun noted on Do-nelson’s application that he should be called if any positions in stock or shipping and receiving opened in the future. Id. ¶ 616.

Haun stated that she did not consider Donelson for the merchandise processor positions because even though such positions were still open, he was overqualified. See id. ¶¶ 620, 622. That is, the merchandise processor position is an entry-level position with a starting pay of $8.75. Id. ¶¶ 597, 620. Haun determined that, based on Donelson’s supervisory experience and current compensation at John Deere, he would find the entry-level position “unsatisfying” and thus, was unlikely to remain in the position long-term. Id. ¶ 620. It appears that although Donelson’s application was retained by human resources in “active status” for six months, such applications would be reviewed for subsequent openings only if Rockwell requested it. Id. ¶ 619. Regardless, Von Maur contends that it did not hire anyone into stock or shipping and receiving positions until July 18, 2005, well after Donelson’s six month “active status” had expired. Id. ¶ 618.

6. Roscoe Haymon.

On or about August 12, 2004, Haymon applied for a truck driver position with Von Maur. Id. ¶ 802. Haymon applied in-person at Von Maur Center and handed his application to the receptionist, who told him that no one was available to interview him because everyone was at lunch. See Def.’s App. at 573. The receptionist informed Haymon that someone would be in contact. Id. Bealer, who at that time was responsible for hiring, evaluating, and terminating truck drivers received Haymon’s application. See Def.’s Statement of Material Facts ¶ 837. Bealer asked Keith Turner (“Turner”), a Von Maur truck driver who had worked with Haymon for nine years at Eagle Foods what he thought of Haymon. See id. ¶ 847; Pis.’ App. at 1050. Turner stated that Haymon was “the nicest guy,” but that “he’s never in a hurry.” Def.’s Statement of Material Facts ¶ 848. Turner believes that he told Bealer that she may encounter the same problem with Haymon that she had with a former Von Maur truck driver, Matt Costello, who was known to take one to two hours longer than all the other truck drivers. Pis.’ App. at 1050. Bealer also spoke with Jane Morgan (“Morgan”), another Von Maur truck driver who had worked with Hay-mon at Eagle Foods. Def.’s Statement of Material Facts ¶ 852. Morgan testified that she told Bealer that Haymon would be a good person to hire, that she thought he had a perfect driving record, and that she would highly recommend Haymon. Pis.’ App. at 927. Although Morgan did not verbalize this concern, she wondered if Haymon would be able to get the “runs” completed within the allocated time. Def.’s App. at 963. Morgan, who described herself as “hyper” did, however, tell Bealer that Haymon drove more slowly than she did. Id.; Def.’s Statement of Material Facts ¶ 852. Based on Turner’s and Morgan’s impressions, Bealer decided not to pursue Haymon as a truck driver. On or about August 23, 2004, Von Maur sent Haymon the standard regret letter, informing him that his application would remain active for six months. Def.’s App. at 616.

7. Charles Smith.

On August 22, 2004, Von Maur Center placed an advertisement for open regional truck driver positions. See Def.’s Statement of Material Facts ¶ 671. On September 16, 2004, Smith applied in-person for the truck driver position. Id. ¶ 670; Pis.’ Am. Statement of Material Facts ¶232. At the time of his application, Smith had thirty years of truck driving experience and had a safe driving record. Pis.’ Am. Statement of Material Facts ¶ 232. Smith was briefly interviewed by Place and Bealer when he submitted his application. Id. ¶ 233; Def.’s Statement of Material Facts ¶¶ 685, 687.

That same day, pursuant to policy, Von Maur ran a credit check on Smith. Def.’s Statement of Material Facts ¶ 676. The credit report on Smith contained “derogatory information about his credit,” specifically that Smith had various debts, including extensive unpaid tax liens. Id. ¶¶ 689, 691. Haun wrote Smith advising him of the “derogatory information” and included the credit report for his reference. Id. ¶¶ 689-90. In the letter, Haun wrote, “[i]f there is any information on the credit report that is inaccurate or that you would like to contact us to explain, please feel free to give me a call ... [w]e plan to make our final hiring decision in approximately one week.” Def.’s App. at 1462. After receiving the letter from Haun, Smith states that he contacted Von Maur on three different occasions to discuss his credit report. Pis.’ Am. Statement of Material Facts ¶ 237. The first time, Smith called Von Maur and left his name and phone number, requesting that Haun return his call. Two days later, Smith called and left a voice message with his name and number, requesting a return call. The third time, Smith again left a voice message with his name and number and stated that he was calling to explain his credit report. Id. According to Smith, no one returned his phone calls. Von Maur, on the other hand, contends that Smith never contacted Haun to explain his credit report. Def.’s Statement of Material Facts ¶ 698. Von Maur, accordingly, did not hire Smith because he did not respond to Haun’s letter regarding his credit report. Pis.’ Am. Statement of Material Facts ¶ 239.

8. Latoya Young.

Sometime between May and the end of 2003, Young saw a newspaper advertisement stating that Von Maur was hiring for warehouse, data entry, and clerical jobs. Id. ¶ 159. In response to the advertisement, Young went in-person to fill out an application for all three positions. See id. ¶¶ 158-59. Although Von Maur does not have Young’s application, Von Maur admits that Young went to Von Maur Center to submit an application. Defi’s Statement of Material Facts ¶¶ 712, 722. Von Maur, moreover, admits that Young called a couple of days later to inquire about the status of her application and that she was told that Von Maur was still reviewing applications. Id. ¶ 724. A week later, Young again called to follow-up on her application, and was informed that someone would get back to her. Id. ¶ 725. Shortly thereafter, Young received a letter from Von Maur stating that the positions were filled. Id. ¶ 726. However, approximately a week after receiving her regret letter, Young claims she saw another advertisement in the newspaper for open warehouse positions. Id. ¶ 727.

9. Damenica Johnson.

On June 10, 2003, Johnson applied for the sales audit, invoice keyer, and credit associate positions at Von Maur Center after seeing an advertisement for the positions. See id. ¶¶ 947, 949. Johnson turned in her application to Amy Nem-mers (“Nemmers”), human resources assistant. Pis.’ Am. Statement of Material Facts ¶ 315. Johnson informed Nemmers about her credit union experience and asked how many people were going to be hired for the credit associate position. Id. ¶ 309. Nemmers stated that there were quite a few openings and that someone would get in touch with her. Id. Von Maur, however, did not contact Johnson. Johnson claims she continued to see advertisements for the same positions. Id.

Von Maur contends that Johnson was not hired because she was screened out. See Def.’s Statement of Material Facts ¶ 959. Specifically, on her application under “please indicate the times you can work,” Johnson noted “5 to close” for Mondays through Fridays, “open to close” for Saturdays, and placed hyphens for Sundays. Def.’s App. at 736. Von Maur states that both the sales audit and invoice keyer positions are full-time positions which require working during the day, and that Von Maur has only one credit associate position scheduled for evenings and weekends, including Sundays. Def.’s Statement of Material Facts ¶¶ 957-58. That is, because Johnson indicated “5 to close” for Mondays through Fridays, she was screened out of the full-time positions (sales audit and invoice keyer), and the hyphens for Sundays, presumably denoting that Johnson was not available to work on Sundays, screened her out for the evening/weekend credit associate position. Nemmers, however, testified that if the only issue is an applicant’s availability, her “normal practice” would have been to call the applicant to verify that the applicant was not available to work the required hours/days. See Pis.’ App. at 950. Nem-mers, however, did not contact Johnson to verify whether she could work on Sundays. Pis.’ Am. Statement of Material Facts ¶ 317.

10.Machelle Guy.

In 1999, Guy worked at Von Maur’s SouthPark store in the men’s furnishings department for approximately one month before she voluntarily resigned. Def.’s Statement of Material Facts ¶¶ 740, 742-43. In the summer of 2000, Guy applied for Von Maur’s executive training program at SouthPark. Id. ¶ 751. Von Maur interviewed Guy, but she was not hired for the program. Id. ¶¶ 753-56. Next, in June or July 2003, in response to a newspaper advertisement announcing openings for “buying jobs,” Guy applied for the Buyer and the Buyer Assistant positions. Pis.’ Am. Statement of Material Facts ¶ 271. Although Guy was not primarily interested in a clerical position (Buyer Assistant), Guy states she would have accepted any position that would have assisted her in getting into a “buying” position at Von Maur. See id. ¶¶ 274-75. According to Von Maur, if an applicant applies for the Buyer Assistant position but aspires to become a Buyer, Von Maur would inform the applicant that the most direct path to becoming a Buyer is to first work the retail store to “learn the store end of things.” Pis.’ App. at 801; Pis.’ Am. Statement of Material Facts ¶ 282. Accordingly, if the applicant is interested in taking this career path, Von Maur forwards the application to the retail store. Pis.’ Am. Statement of Material Facts ¶ 282. When Guy turned in her application, however, no one inquired about Guy’s interest nor did anyone inform her of the retail store option. Id. ¶ 283. Indeed, when Guy asked if there was anyone in human resources she could speak with, the receptionist stated that no one was available at that time and told Guy that someone would get back to her. Pis.’ App. at 760. Guy subsequently called Von Maur three times to follow-up on her application. On each occasion, she was either told that someone would get back to her or that the position was filled. Pis.’ Am. Statement of Material Facts ¶ 273. Guy, however, subsequently saw a newspaper advertisement for buying positions, which led her to believe that the positions were not filled. Id.

11. Raquel Maiden.

In April of 2004, Maiden applied for a sales position at Von Maur’s NorthPark store. Def.’s Statement of Material Facts ¶ 624. Maiden’s “Application for Employment,” signed and dated April 22, 2004, states that Maiden was referred to Von Maur as a walk-in applicant. Def.’s App. at 856-57. Lisa Nelson (“Nelson”), a NorthPark floor manager, interviewed Maiden the following day, on April 23, 2004. Id. at 857; Pis.’ App. at 267-69. Although Nelson does not recall anything about Maiden’s interview, or Maiden for that matter, based on what she “read in here” (presumably Maiden’s application, resume, and Nelson’s First Interview Question notes), Nelson “thought [Maiden] would be better suited to a fast-paced area.” Def.’s App. at 994-95. Nelson further testified that the notation “verbal” on Maiden application denotes that Nelson verbally told Maiden that Von Maur would be “pursuing other candidates for the open positions for the store, and that if something became available, [she] would call to set up another interview.” Id. at 995. Nelson states that Maiden’s application was then placed in the “active file,” i.e., Maiden’s application would remain on “active status” for six months for consideration for future openings. Id. at 991. Maiden claims that when positions subsequently opened in a “fast-paced area,” Von Maur did not contact Maiden, but instead hired white applicants, Mollie Rodman, Leanne Rade, and Amanda Wadsworth, all of whom applied for positions shortly after Maiden. Pis.’ Am. Statement of Material Facts ¶¶ 215-220.

Maiden testified that in July 2004, she again applied for employment at Von Maur after seeing a newspaper advertisement for open positions and was interviewed shortly thereafter. Id. ¶¶ 212-18. Von Maur, however, contends that Maiden’s July interview was a second-round interview from Maiden’s first application. See Def.’s Statement of Material Facts ¶ 643. Regardless, Maiden was interviewed on July 29, 2004 by Shelie Roldan (“Roldan”), NorthPark human resources manager. Id. During the interview, in response to: “Tell me about a time when you had to communicate negative or unfavorable information to someone,” Maiden recounted an incident at DHL where Maiden spoke to her manager about her pay after two co-workers informed Maiden that she was being paid less than they were being paid for the same job. See Def.’s App. at 836-37; Pis.’ App. at 273. When Maiden approached her DHL manager, Maiden was told that she should not be talking about pay, but Maiden was not disciplined in any manner for bringing the pay discrepancy to the manager’s attention. See Def.’s App. 837; Pis.’ App. at 273. Indeed, Maiden testified that she eventually received a raise “after my manager fought for me.” Def.’s App. at 837. At the time of Maiden’s interview, Von Maur had a policy that prohibited any discussion of wage or salary with anyone except human resources or payroll. Def.’s Statement of Material Facts ¶ 656. Thus, based on Maiden’s response, Roldan had concerns that Maiden would discuss her wage and salary with coworkers at Von Maur. See id. Additionally, Roldan had concerns about Maiden’s longevity in past employment and Maiden’s ambiguity regarding whether she wanted to work full- or part-time. See id. ¶¶ 658, 660. Roldan, therefore, decided not to hire Maiden and sent her a standard regret letter. Id. ¶¶ 658, 663.

F. EEOC Class Members

1. Paul Parks.

On October 25, 2004, Parks applied for a truck driver position at Von Maur Center after seeing an advertisement for open positions. Id. ¶¶ 971, 975. An unidentified woman who took Parks’ application tried to get Parks an interview while he was there, but ultimately informed him that the person who needed to interview him could not see him at that time. Id. ¶¶ 980-81, 986. Parks was never interviewed for the position, even though he had twenty-five years of truck driving experience. Three days later, on October 28, 2004, Rich Pannell (“Pannell”), a Caucasian applicant, applied for a truck driver position after seeing the same advertisement. Pis.’ App. at 556; Def.’s Statement of Material Facts ¶ 1004. Pannell, who had approximately nine years of truck driving experience at that time, was interviewed the same day. See Def.’s Statement of Material Facts ¶ 1005; Pis.’ App. at 557. Von Maur hired Pannell on December 20, 2004. Def.’s Statement of Material Facts ¶ 1004. Parks, however, received a regret letter from Von Maur stating that it hired “someone within their own workforce.” Id. ¶ 995. Von Maur contends that although Parks “met the minimum qualifications” for a truck driver, Pannell “was clearly the best qualified.” Def.’s Br. at 99.

2. Marlene Jacks.

On May 21, 2004, Jacks, Associate Dean for Admissions at Grinnell College, applied at Von Maur’s NorthPark location for a part-time sales associate position to supplement her income. Pis.’ Am. Statement of Material Facts ¶¶ 185-86. At the time Jacks applied, she was not seeking a seasonal position, but rather was interested in a part-time position that would continue into the school year. Id. ¶ 191. That same day, Jacks was interviewed by Rol-dan. Id. ¶ 193. During the interview, which lasted approximately forty-five minutes to an hour, Roldan asked about Jacks’ availability. Def.’s Statement of Material Facts ¶¶ 1026-27. They discussed the fact that Jacks had a full-time position at Grin-nell College, and that Jacks wanted to work about one day out of the week and possibly weekends. Id. ¶ 1026. On her application, Jacks wrote that she was available from 5-9 pm on Mondays, 4-9 pm on Wednesdays, Thursdays, and Fridays, and either 10-5 pm or 1-5 pm on Saturdays. Pis.’ Am. Statement of Material Facts ¶ 190. Roldan passed Jacks for a second interview. Three days later, on May 24, 2004, Jacks had a second interview with Bea Lommell (“Lommell”), then floor manager at NorthPark. Id. ¶ 193; Def.’s Statement of Material Facts ¶ 53. During the interview, they discussed Jacks’ travel schedule for Grinnell College. Def.’s Statement of Material Facts ¶ 1040.

Despite Jacks’ educational and professional background, Lommell did not believe that Jacks was any more impressive than any other Von Maur applicant. See id. ¶ 1041. Lommell and Roldan discussed Jacks’ application and concluded that Jacks wanted a summer job, that with her Grinnell College work schedule she would be unable to devote twenty hours a week, and that she would “be gone” by the time school started in the fall. Id. ¶ 1060. Lommell made the “judgment call” that Jacks would not give Von Maur the dependability and longevity Von Maur required once the school year started. See id. ¶ 1043. Approximately a week after her second interview, Jacks received a standard regret letter from Von Maur. Id. ¶ 1047.

3. Havilah Johnson.

Johnson applied to Von Maur’s North-Park store on three separate occasions. Johnson first applied to Von Maur shortly after her high school graduation, which was in May 2001. Pis.’ App. at 871. Johnson applied again approximately a month later, in June 2001. Id. There is conflicting testimony regarding the last time Johnson applied for employment at Von Maur. Initially, Johnson testified that although she did not know the exact dates of her applications, all three applications were in 2001. Def.’s App. at 762 (“Q: Okay, so in 2001, before June of 2001, you submitted three applications? A: I don’t know the exact date, but it was in 2001.”). Johnson testified that she applied to NorthPark before she started working at Valley Shelter in 2001. See id. at 744, 762. Lastly, when asked whether Johnson ever applied to Von Maur in 2002, 2003, 2004, or 2005, Johnson replied, “Not that I can recall.” Id. at 764. The following exchange, however, occurred during Johnson’s subsequent questioning by Plaintiffs’ counsel:

Q: Okay. Now, maybe I was the only one who was confused, but I was confused by the dates here so I’d like to go over these. Do you recall applying to Von Maur three times; is that right?

A: Yes, sir.

Q: And the first time, as you just testified, was shortly after high school, right?

A: Yes, sir.

Q: And you graduated from high school in May of 2001?

A: Yes, sir.

Q: And the second time you applied to Von Maur in response to that ad, how long after the first application was the second application?

A: A month later — within a month later.

Q: Okay. Now, the third time you applied to Von Maur what was that in response to?

A: An ad in the paper.

Q: And do you recall when you applied for that job?

A: It was the year of 2003.

Q: And why do you remember that as the year that you applied the third time?

A: Because of NYSP, the summer job that I held down through St. Ambrose, I needed to find another job, and I applied at Von Maur the same time that I applied for Family Resources.

Q: And you’re sure of that?

A: I’m positive.

Pis.’ App. at 871-72. Johnson, however, testified that she started working at Family Resources in 2001. See Def.’s App. at 744 (“Q: When did you start working there? A: 2001.”). Regardless, Von Maur contends that Johnson was not hired because Johnson’s anticipated enrollment in college in the fall of 2001 would have made her unavailable for the required hours and she was, therefore, not qualified for the position. See Def.’s Statement of Material Facts ¶ 1088.

4. Lawanda Jones Allen.

In the summer of 2003, Allen applied for a part-time sales associate position. Allen testified that she picked up an application in-person at NorthPark, took it home to fill out, and returned it in-person to the store. Id. ¶¶ 1090-91. At the time of her application, Allen was not specifically aware of any openings at NorthPark. Def.’s App. at 5. Von Maur did not contact Allen regarding her application. Def.’s Statement of Material Facts ¶ 1095.

The following year, on or about June 26, 2004, Allen applied for a data entry position through the Quad City Times Virtual Career center, an online application process. See id. ¶ 1099. Allen states that Von Maur did not contact her regarding her online application. See Pis.’ Am. Statement of Material Facts ¶ 201. Von Maur, however, states that Place called and left a voice message for Allen on her answering machine. Def.’s Statement of Material Facts ¶ 1101. Specifically, there is a handwritten notation on Allen’s online application, “LM 7/9 @ 12:38.” Def.’s App. at 25. Roldan, moreover, states that she tried to call Allen on July 27, 2004— another handwritten notation on Allen’s online application states, “Try to call Tuesday 7/27.” Def.’s Statement of Material Facts ¶ 1102; Def.’s App. at 26. Von Maur claims that Allen did not return the phone calls. Def.’s Statement of Material Facts ¶ 1103.

5. Jacqueline Ash.

On June 22, 2004, Ash went to Von Maur Center’s open house after seeing the advertisement in the newspaper. See id. ¶¶ 1115-18. Ash applied for open warehouse positions. Pis.’ Am. Statement of Material Facts ¶ 155. As noted above, however, after the first day of the open house, Von Maur had enough applicants for stock and shipping and receiving positions. Def.’s Statement of Material Facts ¶ 367. That is, Yon Maur decided to fill all open stock and shipping and receiving positions with applicants from the first day of the open house (June 21), and posted a sign at the entrance of the interview area that stated Von Maur had “enough applicants for stock and receiving.” See id. ¶¶ 370-71, 921. Ash’s application, nonetheless, was accepted by Trytten. Id. ¶ 1122. Approximately five to ten minutes later, Place interviewed Ash, told her that she interviewed well, and passed her on for a second interview. Id. ¶¶ 1118-19, 1122. David Burke (“Burke”), director of operations, conducted Ash’s second interview. Id. ¶¶ 179, 1122. Burke also informed Ash that she interviewed well, but that her application would be kept on file because the warehouse positions were filled. Id. ¶ 1123. Less than two weeks later, on July 2, 2004, Von Maur claims that Rockwell called Ash to offer her a warehouse position with Von Maur. Id. ¶ 1130; Pis.’ Am. Statement of Material Facts ¶ 157. Rockwell, apparently, called Ash again on July 9, 2004. Def.’s Statement of Material Facts ¶ 1130. According to Von Maur, Ash never returned Rockwell’s phone calls. Id. Von Maur, therefore, did not hire Ash because she did not call back, while Ash claims that she only received a standard regret letter. Id. ¶¶ 1130, 1136; Pis.’ Am. Statement of Material Facts ¶ 157.

6. La’Quan Miller.

Von Maur has an executive training program which is designed to provide additional training for individuals interested in moving into executive management positions or to “buying” roles. See Def.’s Statement of Material Facts ¶ 7. Individuals interested in Von Maur’s executive training program can apply through Von Maur’s website, submit an application in-person, be recruited on college campuses, or (presumably as a current employee) be identified as someone to enter the executive training. See id. ¶ 119. Individuals accepted into the executive training program are exposed to all responsibilities of a sales associate, go through new hire orientation, have additional training at the corporate office in the first months of employment, receive additional training by store management, work in the distribution center and the finance department, and “receive additional training on company philosophies, expectations, management philosophy, leadership, specific skills such as negotiations, and work with a buyer.” Id. ¶ 120.

In late 2004, as Miller was preparing to graduate from college, he applied online at Von Maur Center for entry-level corporate positions, like the executive training program. See Pis.’ Am. Statement of Material Facts ¶ 296. Specifically, Miller applied in October 2004, and again in November 2004, but did not hear back from Von Maur. See Def.’s Statement of Material Facts ¶ 1162. Von Maur does not have a record of Miller’s 2004 applications and claims that it did not have online application capacity until November 2004. See id. ¶¶ 1166-67. Von Maur also points out that on Miller’s subsequent June 27, 2005 application to its Lombard, Illinois store, Miller noted that he had not previously applied to Von Maur. See Def.’s App. at 1848.

II. STANDARD FOR SUMMARY JUDGMENT

Summary judgment has a special place in civil litigation. The device “has proven its usefulness as a means of avoiding full-dress trials in unwinnable cases, thereby freeing courts to utilize scarce judicial resources in more beneficial ways.” Mesnick v. Gen. Elec. Co., 950 F.2d 816, 822 (1st Cir.1991). In operation, the role of summary judgment is to pierce the boilerplate of the pleadings and assay the parties’ proof in order to determine whether trial is actually required. See id.; see also Garside v. Osco Drug, Inc., 895 F.2d 46, 50 (1st Cir.1990). “[Sjummary judgment is an extreme remedy, and one which is not to be granted unless the movant has established his right to a judgment with such clarity as to leave no room for controversy and that the other party is not entitled to recover under any discernible circumstances.” Robert Johnson Grain Co. v. Chem. Interchange Co., 541 F.2d 207, 209 (8th Cir.1976) (citing Windsor v. Bethesda Gen. Hosp., 523 F.2d 891, 893 n. 5 (8th Cir.1975)). The purpose of the rule is “ ‘not to cut litigants off from their right of trial by jury if they really have issues to try,’ ” Poller v. Columbia Broad. Sys., Inc., 368 U.S. 464, 467, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962) (quoting Sartor v. Ark. Natural Gas Corp., 321 U.S. 620, 627, 64 S.Ct. 724, 88 L.Ed. 967 (1944)), but to avoid “useless, expensive and time-consuming trials where there is actually no genuine, factual issue remaining to be tried.” Anderson v. Viking Pump Div., Houdaille Indus., Inc., 545 F.2d 1127, 1129 (8th Cir.1976) (citing Lyons v. Bd. of Educ., 523 F.2d 340, 347 (8th Cir.1975)).

The plain language of Federal Rule of Civil Procedure 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The precise standard for granting summary judgment is well-established and oft-repeated: summary judgment is properly granted when the record, viewed in the light most favorable to the nonmoving party and giving that party the benefit of all reasonable inferences, shows that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Harlston v. McDonnell Douglas Corp., 37 F.3d 379, 382 (8th Cir.1994). The court does not weigh the evidence nor make credibility determinations; rather, the court only determines whether there are any disputed issues and, if so, whether those issues are both genuine and material. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Wilson v. Myers, 823 F.2d 253, 256 (8th Cir.1987) (“Summary judgment is not designed to weed out dubious claims, but to eliminate those claims with no basis in material fact.”).

Employment actions are inherently fact based, and the Eighth Circuit has repeatedly cautioned that in employment discrimination cases, summary judgment should “seldom be granted ... unless all the evidence points one way and is susceptible to no reasonable inferences sustaining the position of the nonmoving party.” Hindman v. Transkrit Corp., 145 F.3d 986, 990 (8th Cir.1998) (citations omitted); see also Crawford v. Runyon, 37 F.3d 1338, 1341 (8th Cir.1994) (“summary judgment should seldom be used in employment-diserimination cases”); Hillebrand v. M-Tron Indus., Inc., 827 F.2d 363, 364 (8th Cir.1987), cert. denied, 488 U.S. 1004, 109 S.Ct. 782, 102 L.Ed.2d 774 (1989). This is because “inferences are often the basis of the claim ... and ‘summary judgment should not be granted unless the evidence could not support any reasonable inference’ of discrimination.” Breeding v. Arthur J. Gallagher & Co., 164 F.3d 1151, 1156 (8th Cir.1999) (quoting Lynn v. Deaconess Med. Ctr.—W. Campus, 160 F.3d 484, 486-87 (8th Cir.1998)). This does not mean, however, that summary judgment is never proper in employment cases.

The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact based on the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, if any. See Celotex, 477 U.S. at 323, 106 S.Ct. 2548; Anderson, 477 U.S. at 248, 106 S.Ct. 2505. Once the moving party has carried its burden, the nonmoving party must go beyond the pleadings and, by affidavits or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial. See Fed.R.Civ.P. 56(c), (e); Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. 2548; Anderson, 477 U.S. at 257, 106 S.Ct. 2505. “[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson, 417 U.S. at 247-48, 106 S.Ct. 2505. An issue is “genuine,” if the evidence is sufficient to persuade a reasonable jury to return a verdict for the non-moving party. See id. at 248, 106 S.Ct. 2505. “As to materiality, the substantive law will identify which facts are material.... Factual disputes that are irrelevant or unnecessary will not be counted.” Id.

III. LAW AND ANALYSIS

A. Statute of Limitations

1. Title VII.

The parties agree that any cause of action under Title VII which occurred pri- or to October 10, 2002 is barred by the applicable 300-day statute of limitations. See Def.’s Br. at 11; Pis.’ Br. at 40. Despite this initial agreement, the parties dispute whether the claims asserted by certain Plaintiffs are barred. Von Maur contends that the causes of action asserted by Guy, Damenica Johnson, and Havilah Johnson are barred, while Plaintiffs counter that the claims by Guy, Damenica Johnson, and Havilah Johnson are timely.

As noted above, Guy applied to Von Maur’s executive training program in the summer of 2000 and was not hired. See Def.’s Statement of Material Facts ¶¶ 751, 755-56. This claim, that Von Maur failed to hire Guy in the summer of 2000, is barred by the statute of limitations. Indeed, Plaintiffs state that they “are not seeking redress for incidents prior to [the October 10, 2002] date.” Pis.’ Response Br. at 40. Guy’s subsequent claim, arising out of her June or July 2003 application, however, is not barred by the statute of limitations. Guy testified that she applied in June or July 2003 for Buyer and Buyer Assistant, in response to a newspaper advertisement announcing openings for “buying jobs.” Pis.’ Am. Statement of Material Facts ¶ 271. Von Maur does not contest that Guy filled out an application. See Def.’s Statement of Material Facts ¶ 775 (“Guy went to Von Maur’s corporate headquarters and asked the receptionist for an application and was given an application, which she then filled out.”). Rather, Von Maur contends that it does not have • a record of Guy’s application, and without it, “it is possible to assume Guy never applied or that the application was discarded under the one year document retention policy or that the application was facially deficient or that Guy’s very abbreviated employment previously with Von Maur was considered.” Id. ¶ 776. Given Von Maur’s acknowledgment that Guys filled out an application, and Guy’s own testimony that she applied for Buyer and Buyer Assistant positions in June or July 2003, there is a genuine issue of material fact and the Court, therefore, cannot conclude as a matter of law that Guy’s failure to hire claim arising out of the June or July 2003 application is barred by the statute of limitations. Accordingly, Guy’s failure to hire claim stemming from he