151153P.pdf   01/04/2016  Rebecca Nichols  v.  Tri-National Logistics, Inc.
   U.S. Court of Appeals Case No:  15-1153
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Murphy, Author, with Melloy and Smith, Circuit Judges] 
   Civil case - Employment discrimination. The district court erred in 
   granting defendant summary judgment on plaintiff's claims for hostile work 
   environment as there were genuine issues of material fact regarding the 
   conduct of plaintiff's co-driver during an over-the-road trip and whether 
   plaintiff subjectively perceived the co-driver's conduct as offensive; the 
   court further erred in determining that plaintiff delayed in reporting the 
   conduct; since the court erred in granting defendant summary judgment on 
   plaintiff's sexual harassment claim, the court will also vacate the 
   judgment on plaintiff's intentional infliction of emotional distress claim 
   and, on remand, the district court should consider whether the co-driver's 
   intentional infliction of emotional distress is so related to the alleged 
   Title VII and Arkansas Civil Rights Act claims that it forms part of the 
   same case or controversy and should be reinstated; there was no evidence 
   that the stated reason for plaintiff's discharge - a poor safety record - 
   was a pretext for retaliation, and the district court did not err in 
   granting defendant summary judgment on plaintiff's retaliation claims. 
   Judge Smith, dissenting.