Campbell v. Norman Gordon Assocs

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 98-30996
_______________________
BRENDA B. CAMPBELL,
Plaintiff-Appellant,
versus
NORMAN R. GORDON & ASSOCIATES; NORMAN R. GORDON; JEFFREY S. COX,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana
(97-CV-1467)
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August 6, 1999
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
The court has carefully considered this appeal in light
of the parties’ briefs and oral argument and pertinent portions of
the record. We reach the following conclusions.
First, assuming arguendo that a claim exists for
pregnancy harassment in violation of the Pregnancy Discrimination
Act, appellant has not adduced facts demonstrating that her
supervisor’s conduct rose to the level of actionable harassment
according to Faragher v. City of Boca Raton, _____ U.S. _____, 118
S. Ct. 2275, 2283-84 (1998). That is, the alleged harassing
*
Pursuant to 5th Cir. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited sircumstances set forth in 5th Cir. R. 47.5.4.
conduct, consisting of harangues and complaints by appellant’s
supervisor and requirements for doctors’ excuses for her absences,
was not so severe and pervasive as to alter the terms or conditions
of appellant’s employment.
Second, appellant has not produced evidence to raise a
genuine issue of material fact that she endured disparate treatment
because of her pregnancy rather than because of her unreliable
attendance and difficulties keeping up with her job.
Third, appellant’s claims of termination, retaliation,
and intentional infliction of emotional distress are not supported
by relevant summary judgment evidence.
The judgment of the district court is AFFIRMED.