UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

LEARAH BAILEY, Plaintiff-Appellant,

v. No. 98-2736 MANORCARE HEALTH SERVICES, INCORPORATED, d/b/a Manor Healthcare Corporation; RICK KEY, Defendants-Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams Jr., District Judge. (CA-97-3022-AW)

Argued: November 30, 1999

Decided: February 7, 2000

Before WILKINSON, Chief Judge, KING, Circuit Judge, and Cynthia Holcomb HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

ARGUED: Omar Vincent Melehy, MELEHY & MELEHY, L.L.C., Silver Spring, Maryland, for Appellant. Russell Heuer Gardner, PIPER & MARBURY, L.L.P., Baltimore, Maryland, for Appellees. ON BRIEF: Charles J. Kresslein, PIPER & MARBURY, L.L.P., Bal- timore, Maryland, for Appellees.

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Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

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OPINION

PER CURIAM:

Learah Bailey appeals the district court's order granting summary judgment in favor of ManorCare Health Services, Inc., in this action brought pursuant to 42 U.S.C. § 2000e, et seq. ("Title VII"), and Maryland state law. In her complaint, Bailey alleged that she was sex- ually harassed by Rick Key, a member of the management team at the nursing facility where Bailey was employed. The complaint further alleged that because of Bailey's refusal to submit to Key's advances, she was subjected to "quid pro quo" harassment and acts of retaliation by ManorCare. Moreover, Bailey asserted that Key's conduct contrib- uted to a hostile work environment, forcing her to resign from Manor- Care's employ. Lastly, the complaint alleged various state-law tort claims against ManorCare, and Key individually.

In response, ManorCare noted that Bailey never experienced any tangible adverse employment action as a result of the alleged harass- ment. Bailey's contention that she was constructively discharged was belied by her attempt to return to work by rescinding her resignation immediately after it was given. ManorCare further maintained that it had exercised reasonable care to prevent and correct workplace harassment, and that Bailey had unreasonably failed to take advantage of these preventive and corrective opportunities.

The district court determined that Bailey's claims against Manor- Care were without merit and granted summary judgment in favor of the employer on all counts.* We have carefully considered the written _________________________________________________________________ *The court declined to exercise its supplemental jurisdiction under

over Bailey's state-law tort claims against Key individu- ally, and it dismissed those claims without prejudice.

2 submissions and oral argument, and we are unable to find reversible error. Accordingly, we are content to adopt the opinion of the district court and affirm on its reasoning. Bailey v. ManorCare Health Ser- vices, Inc., No. CA-97-3022-AW (D. Md. October 30, 1998).

AFFIRMED

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