Longstreet v. Holy Spirit Hosp.,

Longstreet v. Holy Spirit Hosp.,
No. 02-4351 (3rd
Cir. May 23, 2003)

The
U.S. Court of Appeals for the Third Circuit upheld the decision of the lower
court to dismiss a female applicant’s claim of sexual discrimination against
a hospital for failing to promote her. The hospital hired a male applicant
who had less experience as an RN, but who, admittedly, had higher qualifications
with respect to a number of other relevant factors. The court refrained from
analyzing the actual qualifications of the applicants, giving deference to
the employer. The court held that the female applicant had failed to produce
sufficient
evidence to compel a finding of pretext.

The female applicant also brought a claim for discriminatory retaliation against
the hospital, claiming that disparaging comments were made by her coworkers
after she protested not being promoted. In order for this type of claim to
be successful, it must be shown that the employer took adverse action against
the employee. The circuit court upheld the lower court’s finding that the conduct
complained of did not rise to the level of adverse employment action. The decision
of the lower court that no genuine issues of fact existed was affirmed, and
the hospital was entitled to judgment as a matter of law.