Hernandez v. Valley View Hospital, No. 11-1244 (10th Cir. 2012)
Annotate this CasePlaintiff-Appellant Teresa Hernandez sued Defendant-Appellee Valley View Hospital Association for race and national origin discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e to 2000e17. The district court granted summary judgment for Valley View on Plaintiff's claims for hostile work environment and constructive discharge, and dismissed her retaliation claim as time-barred. The court characterized Plaintiff's evidence as only "a handful of racially insensitive jokes and comments over a period of more than three years, which, while not laudable, would not support a racial or national origin hostile work environment claim." Plaintiff appealed the grant of summary judgment to the hospital. Upon review, the Tenth Circuit reversed, finding that Plaintiff did "marshal" sufficient hostile work environment evidence to withstand summary judgment. The Court also reversed the grant of summary judgment as to Plaintiff's constructive discharge claim. Accordingly, the case was remanded to the district court for further proceedings.
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