Laura Cain v. Bd. of Trustees of the University of
Opinion
After oral argument and careful consideration, we conclude that the district court is due to be affirmed. For the reasons discussed at oral argument, the alleged hostile environment did not rise to the necessary level of severity or pervasiveness, 1 and even if it did, plaintiff cannot surmount the Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), defense. With respect to the promotion of Dr. Siegel, plaintiff was not qualified. Moreover, no reasonable jury could find pretext in light of the legitimate business reason. With respect to plaintiffs retaliation claim, no reasonable jury could find retaliation in light of the fact that plaintiff was not qualified for the position to which Dr. Siegel was promoted. We note that appellant’s initial brief fails to preserve any challenge to any later denial of a promotion, either as a substantive challenge or as an alleged action taken in retaliation for protected conduct.
Accordingly, the judgment of the district court is
AFFIRMED. 2
Reference
- Full Case Name
- Laura CAIN, Plaintiff-Appellant, v. the BOARD OF TRUSTEES OF the UNIVERSITY OF ALABAMA, VAXIN, Defendants-Appellees
- Status
- Unpublished