Specifically, none of plaintiff's allegations of mistreatment are sexual in nature or appear to be in any way related to plaintiff's gender. See Kendrick, F. Plaintiff's Sexual Harassment Claim For a sexual harassment claim to survive summary judgment, "a plaintiff must show that a rational jury could find that the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment.
In attempting to meet that standard, a movant that does not bear the ultimate burden of persuasion at trial need not negate the other party's claim; rather, the movant need simply point out to the court a lack of evidence for the other party on an essential element of that party's claim. The survey, which was conducted July Aug. The nonmoving party may not simply rest upon its pleadings to satisfy its burden. Next, we look to whether Appellant unreasonably failed to take advantage of the preventive or corrective opportunities that the Postal Service provided. But overall, women with higher family incomes are about equally likely to have experienced at least one of these eight forms of gender-based discrimination at work. Williams, Leawood, KS, for plaintiff. Defendant moves for summary judgment on plaintiff's retaliation claims and, as set forth in more detail below, the motion is granted in part and denied in part with respect to these claims. In support of her allegation that a "penile code" existed at the Post Office, plaintiff refers the court only to the deposition testimony of two of her coworkers, Adrian Cruz and Jeanette Hartman. In the alternative, defendant asserts that the promotion decisions at issue were too remote in time to plaintiff's EEO complaints. Hartman testified that "90 percent" of all the women she knew at the Post Office held the view that you received "preferential treatment if you had a penis. Cruz was sexual in nature. With respect to the position posted in January , for example, defendant's evidence demonstrates that Richard Brake, Postmaster for the Salina Post Office, received a total of four applications for the position. The burden, then, shifts to defendant to articulate a legitimate, nondiscriminatory reason for each of its promotion decisions. Facts The following facts are either uncontroverted or related in the light most favorable to plaintiff, the nonmoving party. The circumstances, if any, differentiating between plaintiff and Mr. There is no basis provided for Ms. City of Worland, F. As further explained above in connection with that claim, however, a genuine issue of material fact exists as to whether defendant's proffered reason for plaintiff's discharge is a mere pretext. Differences by education Among employed women, the share saying they have experienced sexual harassment in the workplace is roughly similar across racial and ethnic, educational, generational and partisan lines. Harassment alleged to be because of sex need not be explicitly sexual in nature. According to plaintiff, she was subjected to such "punishment" after her injury because of her gender and as a result of the "penile code" at the Post Office. Once plaintiff establishes her prima facie case, the burden shifts to defendant to articulate a legitimate, nonretaliatory reason for its actions. Similarly, plaintiff does not dispute that Mr. As set forth above in connection with plaintiff's discriminatory discharge claim, defendant asserts that plaintiff's employment was terminated based solely on her theft conviction. Specifically, plaintiff directs the court to the deposition testimony of two of her coworkers, Ms. Plaintiff's evidence that Mr.
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