Blake v. MJ Optical, Inc., No. 16-3100 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment for MJ Optical in plaintiff's suit alleging that she was the victim of sex discrimination, age discrimination, and a hostile work environment. The court held that plaintiff did not suffer an adverse employment action and thus her claims for disparate treatment on the basis of sex failed. Likewise, plaintiff's claim of age discrimination failed because she could not maintain a claim for disparate treatment on account of her age. Finally, plaintiff's hostile work environment claim failed because she did not indicate in a timely manner the complained-of conduct was unwelcome.
Court Description: Riley, Author, with Beam and Shepherd, Circuit Judges] Civil case - Employment discrimination. Plaintiff quit without giving defendant a chance to resolve the problem, and in such a situation, she cannot prove constructive discharge; as a result, she did not suffer an adverse employment action and her claims for disparate treatment on the basis of her gender fail; similarly, her claim for age discrimination must fail; with respect to plaintiff's hostile work environment claim, she failed to show the complained-of conduct was unwelcome, and the claim fails.
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