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091465P.pdf 11/17/2010 Veronica Alvarez v. Des Moines Bolt Supply Inc.
U.S. Court of Appeals Case No: 09-1465
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Colloton, Author, with Beam and Bye, Circuit Judges]
Civil case - employment discrimination. Plaintiff failed to show
defendant's proffered reason for suspending her was a pretext for a
retaliatory motive, and the district court did not err in granting defendant
summary judgment on plaintiff's retaliation claim; plaintiff's claim for
constructive discharge failed because she did not show that she notified
defendant about the post-suspension conduct she claims caused her to
resign; the sexually-oriented remarks by plaintiff's co-workers did not
amount to actionable sexual harassment; with respect to plaintiff's
complaints about later conduct, defendant was not liable because it took
remedial corrective action; with respect to post-suspension incidents,
plaintiff failed to show a truly credible threat of retaliation that would
excuse her failure to provide defendant with notice of the harassment.
Judge Beam, concurring in part and dissenting in part.