Civil Rights: Sex Discrimination – Administrative Remedies – Tolling

(1)Where a plaintiff who alleged sexual harassment in her position as a clinical director failed to report incidents in 2004 within 45 days and waited about a year before contacting an EEO counselor, the district court properly dismissed the claims for failure to exhaust administrative remedies, and the plaintiff did not file any medical evidence to show that she was deprived of her reasoning or incapable of managing her affairs to claim equitable tolling based on mental incapacity. 

(2)Where a plaintiff brought a hostile environment claim based on a CEO’s spreading of rumors about her, the conduct was not so severe or pervasive to constitute a hostile environment, and the district court did not err in finding that the plaintiff voluntarily resigned rather than was constructively discharged and that she failed to present a prima facie case of sex discrimination or that she was retaliated against for complaining about alleged gender harassment.

Judgment is affirmed.

Wilkie v. Department of Health and Human Services (MLW No. 62159/Case No. 10-1916 – 19 pages) (U.S. Court of Appeals, 8^th Circuit, Smith, J.) Appealed from U.S. District Court, District of North Dakota, Hovland, J. (Irvin B. Nodland, Bismarck, North Dakota, argued for appellant) (Shon Hastings, Fargo, North Dakota, argued for appellee).

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