In an action raising claims of retaliation and a hostile work environment, summary judgment in favor of plaintiff’s former employer is affirmed where: 1) the company did not retaliate against plaintiff for filing the discrimination charge when it eliminated her position as it was eliminated by a company-wide restructuring; 2) although plaintiff claims that the company also retaliated against her when it did not hire her for one of the open positions after the restructuring, it hired the person who had previously held the position; and 3) the relatively isolated gender-based comments and remarks plaintiff’s supervisor directed toward her were not sufficiently severe or pervasive to rise to the level of a hostile work environment.     

Scruggs v. Garst Seed Co., No. 07-2266

Appellate Information

Appeal from the United States District Court for the Northern District of Indiana, Hammond Division

Decided November 20, 2009

Judges

Before:  Bauer, Wood, and Williams, Circuit Judges

Opinion by Williams, Circuit Judge

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