101916P.pdf   04/27/2011  Dr. Penny M. Wilkie  v.  Dept. of HHS
   U.S. Court of Appeals Case No:  10-1916
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Smith, Author, with Beam and Benton, Circuit Judges]
   Civil case - Employment discrimination. Claims occurring in 2004 were
   time-barred for failure to exhaust administrative remedies, and plaintiff
   failed to show the claims were equitably tolled by either her mental
   incapacity or a continuing-violation argument; assuming plaintiff
   established the first three elements of a prima facie case on her claims of
   hostile work environment/sexual harassment, she failed to establish the
   fourth element of such claims since the harassment did not affect a term,
   condition or privilege of employment; constructive discharge argument
   rejected; plaintiff failed to show a prima facie case of Title VII 
   retaliation since there was no material adverse action against her.