Campbell v. Norman Gordon Assocs

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________________

No. 98-30996 _______________________

BRENDA B. CAMPBELL,

Plaintiff-Appellant, versus

NORMAN R. GORDON & ASSOCIATES; NORMAN R. GORDON; JEFFREY S. COX,

Defendants-Appellees. _________________________________________________________________

Appeal from the United States District Court for the Western District of Louisiana (97-CV-1467)

_________________________________________________________________

August 6, 1999 Before JONES, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

The court has carefully considered this appeal in light of the parties’ briefs and oral argument and pertinent portions of the record. We reach the following conclusions.

First, assuming arguendo that a claim exists for pregnancy harassment in violation of the Pregnancy Discrimination Act, appellant has not adduced facts demonstrating that her supervisor’s conduct rose to the level of actionable harassment according to Faragher v. City of Boca Raton, _____ U.S. _____, 118 S.Ct. 2275, 2283-84 (1998). That is, the alleged harassing conduct, consisting of harangues and complaints by appellant’s supervisor and requirements for doctors’ excuses for her absences, was not so severe and pervasive as to alter the terms or conditions of appellant’s employment.

Second, appellant has not produced evidence to raise a genuine issue of material fact that she endured disparate treatment because of her pregnancy rather than because of her unreliable attendance and difficulties keeping up with her job.

Third, appellant’s claims of termination, retaliation, and intentional infliction of emotional distress are not supported by relevant summary judgment evidence.

The judgment of the district court is AFFIRMED.