Susan Webber Wright

“ Finally, the Court rejects plaintiff's claim that she was subjected to hostile treatment having tangible effects when she was isolated physically, made to sit in a location from which she was constantly watched, made to sit at her workstation with no work to do, and singled out as the only female employee not to be given flowers on Secretary's Day. Plaintiff may well have perceived hostility and animus on the part of her supervisors, ... but these perceptions are merely conclusory in nature and do not, without more, constitute a tangible job detriment. ”

“ An individual plaintiff may pursue a sexual harassment claim under the Fourteenth Amendment based solely upon acts of harassment directed towards her, but such a claim must show an intent to harass because of her status as a female and not because of characteristics of her gender which are personal to her. ”

“ Plaintiff received every merit increase and cost-of-living allowance for which she was eligible during her nearly two-year tenure with the AIDC, her job was upgraded from Grade 9 to Grade 11 (thereby increasing her salary) , she consistently received satisfactory job evaluations, and her job responsibilities upon her return from maternity leave were not significantly different from prior to her taking leave and did not cause her any materially significant disadvantage. These facts are clearly established by the record and dispel the notion that she was subjected to a hostile work environment. ”

“ Whether other women may have been subjected to workplace harassment, and whether such evidence has allegedly been suppressed, does not change the fact that plaintiff has failed to demonstrate that she has a case worthy of submitting to a jury. ”

“ That being so, plaintiff cannot establish a tangible job detriment. A transfer that does not involve a demotion in form or substance and involves only minor changes in working conditions, with no reduction in pay or benefits, will not constitute an adverse employment action, " (o) therwise every trivial personnel action that an irritable ... employee did not like would form the basis of a discrimination suit." ”

“ First, Nichols and Karibian were "submission" cases in which the victims of sexual harassment submitted to the unwelcome sexual advances. Plaintiff, by contrast, alleges that she resisted Governor Clinton's alleged advances and thereby suffered reprisals in her workplace. The court in Karibian recognized the distinction between so-called "submission" and "refusal" cases, noting that " (i) n the nature of things, evidence of economic harm will not be available to support the claim of the employee who submits to the supervisor's demands." ... ”

“ Plaintiff states that she again encountered Ferguson following her return to work from maternity leave and that he said he had "told Bill how good looking you are since you've had the baby." ... She also states that she was "accosted" by the governor in the rotunda of the Arkansas state capitol when he "draped his arm over her, pulled her close to him and held her tightly to his body," and said to his bodyguard, "Don't we make a beautiful couple: Beauty and the Beast?" ... ”

“ Absent evidence of some more tangible change in duties or working conditions that constitute a material employment disadvantage, of which the Court has already determined does not exist, general allegations of hostility and personal animus are not sufficient to demonstrate any adverse employment action that constitutes the sort of ultimate decision intended to be actionable under Title VII. Manning v. ”

“ The inferences to be drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion. ... However, " (w) here the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no 'genuine issue for trial."' ... ”

“ Ferguson joined in the president's motion. By Memorandum Opinion and Order dated August 22, 1997, this court granted in part and denied in part the president's motion. ... The court dismissed plaintiff's defamation claim against the president, dismissed her due process claim for deprivation of a property interest in her state employment, and dismissed her due process claims for deprivation of a liberty interest based on false imprisonment and injury to reputation, but concluded that the remaining claims in plaintiff's complaint stated viable causes of action. ... ”

“ Plaintiff states that Ferguson later reappeared at the registration desk, delivered a piece of paper to her with a four-digit number written on it, and said that the governor would like to meet with her in this suite number. ... ”