Carrera v. Tyson Foods, Inc., No. 11-3069 (10th Cir. 2011)Annotate this Case
Plaintiff-Appellant Mayra Carrera was a trimmer in a Tyson meat processing plant in Kansas. One day, four of her co-workers made sexual gestures toward her by "moving and shaking their hips." When Plaintiff complained, a manager immediately spoke to the co-workers. No further incidents occurred, but Plaintiff felt ostracized by employees keeping their distance. Plaintiff asked for a transfer to another plant. Despite the transfer, Plaintiff filed suit alleging a hostile work environment in violation of Title VII. The district court granted summary judgment to Tyson. On appeal, Plaintiff argued that the district court erred by focusing only on the gesturing incident and ignoring the fact that afterward her co-workers ostracized her. Upon review, the Tenth Circuit found that the district court did consider this aspect of Plaintiff's claim "correctly observing that standoffish, unfriendly, and unapproachable behavior" was insufficient to establish an objectively hostile work environment.