United States Eighth Circuit

In an action raising a retaliation claim under Title VII against plaintiff's employer, a state correctional department, summary judgment for defendant is affirmed where, for purposes of a prima facie retaliation case: 1) a single comment at issue in the case was insufficient as a matter of law to support an objectively reasonable belief it amounted to unlawful sexual harassment; and 2) under the facts of the case, no reasonable person could have believed another officer was being subjected to disparate treatment, since it appeared he didn't even suffer an adverse employment action.

Appellate Information

• Decided 03/03/2008
• Published 03/03/2008

Judges

• BEAM, Circuit Judge.1, Before COLLOTON, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert M. Miller, argued, High Ridge, MO, for Appellant.


• For Appellees:
  
• Michael S. Meyers, Assistant Attorney General, argued, St. Louis, MO (Richard Vannoy III, Assistant Attorney General, on the brief), for Appellee.