Jackman v. Fifth Judicial District, et al., No. 12-3250 (8th Cir. 2013)
Annotate this CasePlaintiff filed suit alleging sex and race discrimination, retaliation, and sex and race harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and retaliation in violation of the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq. The court concluded that the district court properly granted summary judgment for the state on plaintiff's race and sex discrimination and retaliation claims where plaintiff did not establish a prima facie case because she could not show, as a matter of law, that she suffered an adverse employment action. The court also concluded that summary judgment was appropriately granted on the harassment claim where the conduct described did not affect a term, condition, or privilege of employment because this conduct was not severe or pervasive enough to constitute actionable discrimination. Accordingly, the court affirmed the district court's judgment.
Court Description: Civil case - Employment discrimination. Plaintiff did not establish a prima facie case of sex and race discrimination because she cannot show, as a matter of law, that she suffered an adverse employment action when she did not suffer termination, a cut in pay or benefits or changed job duties or responsibilities; on plaintiff's claim of hostile work environment, the conduct plaintiff complained of did not affect a term, condition or privilege of employment and was not so severe or pervasive as to constitute actionable discrimination.
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