United States Eighth Circuit

In an action alleging defendants-employer and supervisor subjected her to a hostile work environment and retaliated against plaintiff in violation of Title VII and state law, summary judgment for defendants is affirmed where: 1) plaintiff failed to show she suffered a tangible employment action, and thus defendant was entitled to assert the Ellerth-Faragher affirmative defense; 2) defendant successfully established the defense; and 3) the retaliation claim failed because plaintiff was not constructively discharged.

Appellate Information

• Decided 11/16/2007
• Published 11/16/2007

Judges

• BENTON, Circuit Judge., Before BYE, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael J. Carroll, argued, Des Moines, IA (James Gilliam, Danielle Dixon Smid, on the brief), for appellant., Anne N. Occhialino, argued, Washington, DC (Susan R, Oxford, on the brief), for the Amicus on Behalf of appellant, EEOC.


• For Appellees:
  
• George R. Wood, argued, Minneapolis, MN (Jodie Fern Friedman, on the brief), for appellee.