061970P.pdf   09/13/2007  Julie Weger, et al  v.  City of Ladue et al.
   U.S. Court of Appeals Case No:  06-1970
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Loken, Chief Judge, and Bye,
   Circuit Judge]
   Civil case - Employment discrimination. District court did not err in
   granting City's motion for summary judgment on plaintiffs' hostile work
   environment sexual harassment claims because the city demonstrated, as
   a matter of law, that it was entitled to the Ellereth-Faragher affirmative
   defense; the City met the prevention prong of the defense by showing that
   it had a facially valid antiharassment policy which brought the
   harassment to an immediate end when it was invoked by plaintiffs; the
   City did not have constructive notice of the incidents, and it did not have
   actual notice of the acts of harassment until the plaintiffs invoked the
   policy; the City's response once it had actual notice was timely and
   adequate and was sufficient to meet the correction prong of the
   affirmative defense; the district court did not err in finding that 
   plaintiffs had unreasonably delayed in reporting the harassment, and the 
   City established the second element of the Ellereth-Faragher affirmative
   defense, namely that plaintiffs unreasonably failed to take advantage of
   preventative or corrective opportunities provided by the employer; district
   court did not err in finding plaintiffs failed to make a prima facie case
   of retaliation because they failed to establish an adverse employment
   action. Chief Judge Loken, concurring. Judge Bye, concurring in part, and
   dissenting in part.