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Eileen Ahern et al v. Eric K. Shinseki, Secretary

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Before Lynch, Chief Judge, Selya and Thompson, Circuit Judges.

In the last half-century, Congress has enacted a safety net of antidiscrimination laws designed to protect workers’ rights. These laws serve salutary purposes, but they are not intended to function as a collective panacea for everywork-related experience that is in some respect unjust, unfair, or unpleasant. This case, which involves the introduction of an abrasive supervisor into a workplace accustomed to a kinder, gentler way of doing business, illustrates the point.

The underlying dispute takes the form of an action brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a) and 2000e-3(a). The plaintiffs proffer claims of gender-based discrimination, retaliation, and constructive discharge. The district court rejected these claims and entered summary judgment for the employer. The plaintiffs now appeal.

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