United States Eighth Circuit

In an action for employment discrimination and retaliation based on plaintiff's race, summary judgment for defendant is affirmed where: 1) the alleged verbal harassment creating a hostile work environment in this case was neither frequent nor severe; and 2) because plaintiff claimed only the materially adverse action of a constructive discharge as a basis for her retaliation claim, and because the court had held that she failed to offer sufficient evidence of a constructive discharge, she did not demonstrate a materially adverse action against her.

Appellate Information

• Decided 04/05/2010
• Published 04/05/2010

Judges

• Before LOKEN, Chief Judge , ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark I. Baretz, argued, West Memphis, AR, for Appellant.


• For Appellees:
  
• William Stuart Jackson, argued, Little Rock, AR (Gary D. Marts, Jr., on the brief), for Appellee.