DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061851P.pdf 11/16/2007 Christine Brenneman v. Famous Dave's
U.S. Court of Appeals Case No: 06-1851
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Benton, Author, with Bye and Shepherd, Circuit Judges]
Civil Case - hostile work environment and retaliation. Grant of summary
judgment to employer is affirmed. District court did not err in finding the
employee established prima facie case of hostile work environment
discrimination. Because the employee failed to show she was
constructively discharged and thus did not suffer a tangible employment
action, employer is entitling to assert an affirmative defense and met both
the prevention and correction prongs of test. Employee unreasonably
failed to take advantage of correction opportunities. Employee also failed
to make prima facie case of retaliation, having failed to show constructive
discharge.