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Herrera today, gone tomorrow
June 02, 2006 by Ross Runkel at LawMemo
Strange. The 10th Circuit filed an opinion on Tuesday and withdrew it on Wednesday.
The order:
The opinion entered in this matter on May 30, 2006, is withdrawn. The appeal shall be restored to pending status.
The case: Herrera v. Lufkin Industries (10th Cir 05/30/2006, 05/31/2006).
Findlaw has dutifully scrubbed the original opinion off its web site. We've captured the original 05/30/2006 opinion.
I thought the case was pretty ordinary. Some racist comments which the court thought were not pervasive or serious enough to create a legally actionable offensive work environment.
Employment Law Memo provided this summary:
Herrera sued the employer, asserting claims for (among other things) hostile environment race-based harassment under Title VII, breach of contract, and intentional infliction of emotional distress (IIED). The trial court granted summary judgment in favor of the employer on the first two claims, and judgment as a matter of law in favor of the employer on the third. The 10th Circuit affirmed, concluding that 1) the alleged conduct was not sufficiently "severe or pervasive" to constitute actionable harassment under Title VII; 2) Herrera's employee handbook didn't constitute a contract, and Herrera wasn't constructively discharged even if there had been a contract; and 3) the conduct underlying Herrera's IIED claim was not sufficiently extreme and outrageous to support that claim.
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