Childs-Pierce v. Utility Workers Union
Childs-Pierce v. Utility Workers Union
Opinion of the Court
JUDGMENT
This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. It is
ORDERED AND ADJUDGED that the district court’s order filed August 10, 2005, be affirmed. On appeal, appellant argues she suffered discrimination and retaliation and was subject to a hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. Appellant failed to establish a prima facie case of discrimination regarding her claims that appellee’s request for her birth certificate, and appellee’s decision to suspend her for using company resources, were discriminatory and retaliatory. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). The request for her birth certificate was not an adverse action. See Holcomb v. Powell, 433 F.3d 889, 902 (D.C.Cir. 2006). Moreover, appellant was not similarly situated to other employees who used company resources. See Holbrook v. Reno, 196 F.3d 255, 261 (D.C.Cir. 1999). As to the actions culminating in appellant’s termination, including appel
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.
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