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081924P.pdf   10/27/2010  Shelia Denise Smith  v.  Fairview Ridges Hospital
   U.S. Court of Appeals Case No:  08-1924
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Shepherd, Author, with Bye and Melloy, Circuit Judges]
Civil case - employment discrimination. The district court did not err in finding plaintiff had failed to establish a racially hostile work environment as some of the incidents she relied on to establish her claim were not racial in nature and the remaining incidents were not so severe or frequent that they rose to the high threshold of actionable harm necessary to constitute a hostile work environment; constructive discharge claim failed for the same reasons; plaintiff failed to show her discipline was in retaliation for her complaints about discrimination; defendant established a legitimate, non-discriminatory basis for plaintiff's discipline. Judge Bye, concurring in part and dissenting in part.