Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 12-2128
SERVICES;
Nutrition
Defendants - Appellees.
No. 12-2181
SERVICES;
Nutrition
Defendants - Appellees.
Appeals from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:11-cv-00055-FL; 5:11-cv-00015-FL)
Submitted:
January 3, 2013
Decided:
PER CURIAM
Virginia
Diepheal
Whitaker
appeals
the
district
challenges
the
district
courts
grant
On appeal,
of
summary
of
discrimination.
hostile
work
environment,
and
religious
We affirm.
novo,
drawing
reasonable
inferences
in
the
light
most
Johnson & Co., 639 F.3d 111, 119 (4th Cir. 2011).
Summary
To
issue
of
material
Potomac
Elec.
Power
Co.,
fact
312
for
F.3d
trial.
645,
See
649
(4th
Thompson
Cir.
v.
2002)
mere
scintilla
partys] case.
of
evidence
in
support
of
[the
non-moving
any
individual
with
respect
to
[her]
compensation,
42 U.S.C.A. 2000e-2(a)(1).
Where
demonstrates
that
the
employers
proffered
Diamond v. Colonial
Life & Accident Ins. Co., 416 F.3d 310, 318 (4th Cir. 2005)
(internal quotation marks and brackets omitted); see McDonnell
Douglas Corp. v. Green, 411 U.S. 792 (1973).
employment
conduct
discrimination.
Cir.
2003).
actions
such
as
because
filing
the
employee
grievances
engaged
alleging
in
racial
is
well
established
that,
even
under
the
Tex. Dept of
district
court
properly
found
that
Whitaker
act
or
which
benefits
adversely
of
the
affects
plaintiffs
the
terms,
employment.)
We conclude
her
non-discriminatory
termination
were
reasons
for
pretextual,
failure
to
promote
either
for
racial
for
hostile
work
(1)
she
discrimination or retaliation.
In
environment,
order
to
Whitaker
establish
must
claim
demonstrate
that:
this
conduct
it
imputable
on
some
basis
to
her
was
dismissed
Whitakers
claims
because
she
did
not
See
Under 42
the
EEOC
within
180
days
after
the
alleged
unlawful
F.3d
297,
300
(4th
Cir.
2009).
[A]
failure
by
the
claim
deprives
the
federal
EEOC
complaint
discrimination.
be
barred
if
Id.
that
courts
of
subject
matter
she
had
suffered
religious
EEOC
charge
alleges
discrimination
on
one
Id.
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED